When someone passes away with only a will or without any estate planning at all (known as dying intestate), it is likely that their estate will have to go through the probate process. Probate is essentially a legal procedure in which the court allows a living person to access and manage the assets of a deceased person. Below is a list of several negative issues associated with the probate process:

• Time: In California, the probate process can take anywhere from 9 months to several years. This lengthy duration can be particularly challenging if beneficiaries require financial support during this period.
• Cost: Probate can be quite expensive. Statutory fees are based on the gross value of the estate, which can significantly increase costs. For example, if a home is valued at $2,000,000 with a mortgage of $1,500,000, the equity is only $500,000. However, for probate purposes, the gross value remains $2,000,000. As a result, attorney fees could amount to $33,000, and the executor would also be entitled to an additional $33,000.
• Privacy: The probate process is public, meaning details about the estate, including assets and beneficiaries, become part of the public record, which compromises privacy.
• Court Oversight: Probate involves considerable court involvement, including necessary filings, hearings, and approvals, which can feel intrusive and bureaucratic.
• Potential for Disputes: The probate process can lead to disputes, such as will contests or creditor claims, which can increase costs and delays, particularly if family members disagree.
• Limited Control: Executors and administrators must adhere to strict court procedures, which limits their flexibility in managing and distributing the estate.

Cross Estate Planning Law can help reduce your family’s exposure to the lengthy, frustrating, and often humiliating probate process. As a probate attorney who handle probate matters throughout the Bay Area, I work to ensure a swift resolution to probate while making sure your assets are distributed according to your wishes. With effective estate planning, we might even help you avoid probate entirely.

Call us at 650-503-3078 or contact us using the form below.