A: There are three main reasons to avoid probate in California:
First, it is an expensive process. The statutory fees in a probate are set by law as a percentage of the gross value of the assets of the estate. For estates between $500,000-$1,000,000, the statutory fees paid to the executor or administrator and the attorney will total between $26,000 and $46,000.
Second, it is a lengthy court process that involves court dates, court filings, and many deadlines.
Third, everything filed in a probate is public record. The value of the estate, the names and addresses of the beneficairies, and all other information filed can be viewed by the public. You can avoid probate by working with an estate planning attorney to create a comprehensive estate plan that includes a trust.
