Creditors and Nonprobate Assets

Elaine H. Gagliardi (Professor of Law, The University of Montana School of Law) has recently published her article entitled Remembering the Creditor at Death: Aligning Probate and Nonprobate Transfers, 41 Real Prop. Prob. & Tr. J. 819 (2007).

Here is the Editors’ Synopsis of her article:

As more people choose to avoid the cost and time involved with probate administration by using nonprobate transfers, creditors of decedents face increased procedural challenges and practical difficulties in collecting debts. In this Article, the author proposes legislative reforms that would unify the creditor claims procedure for probate and nonprobate transfers when beneficiaries are unwilling to pay claims. The author argues that a more unified claims procedure would still allow efficient passage of property at death and would encourage fair treatment of all beneficiaries and creditors.