A LEGISLATIVE PROPOSAL FOR ELECTIVE ADMINISTRATION
By John A. Hartog*
The Executive Committee of the Trusts and Estates Section of the State Bar of California has adopted a legislative proposal to permit eligible estates an alternative to formal probate administration. This proposal will be submitted to the Board of Governors for its approval. If the BOG approves this proposal, the Section will seek legislative sponsorship in the 2011 session.
This proposal, called "elective administration," would allow a personal representative to administer a probate estate with a minimum of court supervision. The purpose of this procedure would be to allow beneficiaries to use a summary proceeding without regard to the form of the testamentary document and when those beneficiaries are cooperative. Elective Administration would be an alternative to the current system for administering probate estates. The current system would remain intact and would be utilized for most estates.