Washington's Non-Intervention Executor—Starting Point for Probate Simplification

Professor Fletcher's discussion of the history and philosophy of the non-intervention executorship under the Washington statute is segmented into four parts. The first three extensively inquire into the philosophy and forces which have shaped the present contours of this unusual procedure. During this era the court in construing the statutory basis for the procedure and the legislature in amending it have treated the nonintervention executorship in some respects as part of the regular probate procedure and in others as wholly separate, quite without unifying rationale. Further, the court has developed a concept of jurisdictional immunity of questionable value.

In the final section, Some Judgments and a Proposal, Professor Fletcher argues for a change in the philosophy underlying the law of non-intervention executorship, to utilize fully its capacity to handle non-contentious probate in an economical and expeditious manner. He concludes with several concrete proposals, including a recommendation that, as modified, the non-intervention procedure become the standard nethod for administering all decedents' estates.