Document Type
Article
Publication Date
2025
Publication
University of Richmond Law Review
Volume
59
Abbreviation
U. Rich. L. Rev.
First Page
285
Abstract
This Article challenges the widely accepted view that testamentary freedom is the dominant principle of American inheritance law. It argues that administrability—the need for a predictable, efficient probate system—frequently overrides freedom of disposition. Examining executor selection, procedural constraints, contest doctrines, settlement mechanisms, and the pervasive role of judicial and statutory oversight, the Article shows that testators have far less control over the disposition of their estates than traditional rhetoric suggests. Because process shapes outcomes, limits on testators’ ability to control the probate process constitute significant limits on testamentary freedom. The Article also demonstrates how doctrines such as intestacy and settlement agreements routinely undermine a testator’s stated preferences. It concludes that testamentary freedom is merely one component of a larger administrative framework and urges scholars and policymakers to recognize administrability as a central organizing value in inheritance law.