What is probate?

Probate is the process of proving a will's validity along with determining the value for distribution of the deceased person's property. In the absence of a will, the probate court will also determine who, according to state law, the heirs of your estate are without your consent. The main function of probate is to change title and tax necessary assets of the deceased person.

Problems associated with probate:

• Publishing disclosure of personal wealth, debts and beneficiaries
• The estate is under the control of third parties
• Contestable by anyone; false claims
• Impounds assets, inventories bank accounts, mail and safety deposit boxes
• Forced asset liquidations
• Probate fees
• Attorney's Fees
• Administrator Fees
• Appraisal Fees
• Capitol gains taxes on real estate
• Substantial delays before distributions to the heirs
• The Internet provides immediate access to your will

Probate's Pain

Probate's procedure is time consuming and a very complex process. Although the law provides for a minimum period, it does not offer a maximum time for completion of an individual's estate. Studies have found the average time process of probate in California to be 2 years; probate can take much longer depending on the size of the estate. During that time normally there are no distributions to your family. Your family will not only suffer from the loss of control and delays, but lose a large portion of hard earned estate to court costs and attorney's fees.