Please call us at 888.962.8947

Probate Overview

Probate Overview

Have you ever wondered what will happen to your estate after you die? How long will it take for your loved ones to receive the estate you have left them? Will each receive what you would like them to have?

If you are like most people, your estate will go through a lengthy probate process.

What Is Probate?

Probate consists of the court proceedings that conclude all your legal and financial matters after your death. The probate court distributes your estate according to your wishes, if you left a valid will, and acts as a neutral forum in which to settle any disputes that may arise over your estate.

The probate process we have today is based largely on the medieval English legal system. In feudal times, only powerful families owned land. These large estates were normally passed down from father to son. This transfer was naturally a matter of great political consequence, and thus of great interest to the king. So the proceedings were made formal, complicated, and costly.

Over the years, while much of the legal system has been made easier and more accessible, the probate process has remained lengthy and complex.

There are a number of problems with the probate process that make it worth avoiding.

Time

The probate process can take a great deal of time. The settlement time frame for many estates is from nine months to two years. Complex or contested estates can take much longer.

With few exceptions, your heirs will have to wait until probate is concluded to receive the bulk of their inheritance.

Cost

Probate can be very expensive. An attorney is generally a necessity in probating an estate.

Depending on the state, attorney fees, court costs and administrative fees can consume between 6 and 10 percent of your estate.1 That percentage is calculated before any deductions or liens are taken out.

Lack of Privacy

The proceedings of the probate courts are a matter of public record. Anyone with the time and inclination can go to the county courthouse and find out exactly how much you left to each heir and to whom you owed money. This leaves your heirs with little or no privacy.

There Are Answers

Fortunately, there are strategies you can use to avoid the probate process altogether. A trust may enable you to pass your estate on to your heirs without ever going through probate at all.

Proper estate planning could enable you to pass your estate to your loved ones privately, without undue delay or expense.

1. American Bar Association
The information provided here is to assist you in planning for your future. Proper tax and legal advice should always be obtained.

Request a Free Consultation!

To request your free consultation, please send us your details and we’ll call you back to set it up

Form Sidebar About Us

Turbo Charge Your Retirement

Watch Video

Los Angeles, CA

Long Beach, CA

Santa Clarita, CA

Pasadena, CA

Burbank, CA

Sherman Oaks, CA

Mon - Fri: 9:00am to 5:00pm
Saturday: 9:00am to 12:00pm

© 2017 Insight Asset Advisory Group All Rights Reserved.

Los Angeles, CA

Long Beach, CA

Santa Clarita, CA

Pasadena, CA

Burbank, CA

Sherman Oaks, CA

© 2017 Insight Asset Advisory Group All Rights Reserved.