Probate

In California, if you own over $20,000 in real estate or $100,000 in total assets, your estate is subject to probate, even if you have a will.  Probate is the court-supervised process for transferring a deceased person’s assets to the beneficiaries listed in his or her will.  There are several disadvantages to probate:

  • Probate is very expensive.  It generally costs more than the management and distribution of an estate through a trustee by a living trust. 
  • Everything in probate becomes public record, including all of your assets, debts, and beneficiaries.
  • Probate is usually very time-consuming, taking much longer than the administration of a living trust.

Note: There are some limited circumstances in which probate is advisable over a probate-avoiding estate plan.  The key for most people, however, is to avoid probate. 

See my Probate Calculator to determine approximately how much the probate process would cost your estate. 
Call for a free consultation to determine whether probate avoidance is important for your estate! 

PROBATE RESOURCES/LINKS

For more information on estate planning and the probate process, see the State Bar of California website.  Copy and paste the following link into your browser:
http://calbar.ca.gov/state/calbar/calbar_generic.jsp?cid=10581&id=2206