Probate’s cost, probate’s length , and probate’s publicity! Your will must be go through probate to be validated.

Probate’s Cost

The cost of probate could seriously diminish the value of your estate. Probate and legal fees are very expensive. California allows for a maximum 4% fee for the first $100,000 of the estate’s value for attorneys - a total of $4,000. California Probate Code Section 10810. The fees don’t stop there, California probate attorneys are entitled to “[a]n award of extraordinary compensation to the personal representative or to the attorney for the personal representative [[that] is within the discretion of the court.” California Rules of Court 7.703. Check out the fee chart located here for more information. If your estate has debt, the attorney’s bill is paid first. Probate referees are appointed by the state comptroller to value assets, and take a percentage of the asset valued. Court costs are also paid out of the estate. Families often think they are saving by paying less on the front end for a will, but end up paying much, more on the back end. Avoiding probate leaves more of your estate to your heirs.

Probate’s Length

The length of probate in San Diego County is between 6 months to 2 years for most estates. A large portion of estates in San Diego County are not distributed until about one year from the date of your death. This results in a long delay before your assets are distributed, and increases the stress of your family members.

Probate’s Publicity

Probate proceedings are a matter of public record. This means that your estate is exposed to the general public, including unscrupulous creditors. The record includes the assets and the beneficiaries of the estate.

Probate’s Control

In some circumstances, the court’s supervision could actually benefit the estate by resolving disputes. However, if the will is uncontested then formal control of the process presents a burden by interjecting a cumbersome state authority into personal family affairs.

Avoiding the Disadvantages of Probate

The simplest way to avoid most of the costs of probate are to establish a trust. But trusts are not for everyone, and each individual must weigh the costs and benefits of each type carefully before proceeding.