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Probate: The Costly and Complicated Side of Estate Planning (and How to Avoid It)

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At Robert Jweinat Law Group, one of the most common estate planning goals we hear from clients is simple: “I want to avoid probate.” And it’s no wonder. Probate can be a time-consuming, expensive, and emotionally draining process—especially for families already coping with loss.

While probate serves an important legal function, most people are surprised by just how burdensome it can be. Fortunately, with proper planning, you can often avoid probate entirely—saving your loved ones time, stress, and money. Here’s what you need to know.

What Is Probate?

Probate is the court-supervised legal process that validates a deceased person’s will, settles debts, and distributes assets to beneficiaries. If there is no will, the process still occurs—except the state decides who inherits what, based on California’s intestate succession laws.

Sounds straightforward, right? Not quite.

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Why Do People Want to Avoid It?

Here’s why probate gets a bad reputation—and rightly so:

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1. It’s Time-Consuming

In California, even a relatively simple probate case can take 9–18 months to complete. More complex estates or contested wills can take years. During that time, heirs may not be able to access funds or property they’ve been left.

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2. It’s Expensive

Probate comes with statutory attorney and executor fees based on a percentage of the gross estate—not the net value after debts. That means a $1 million home with a $900,000 mortgage is still treated as a $1 million estate for fee purposes. The result? Heirs could see thousands (or tens of thousands) of dollars go to legal and court costs.

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3. It’s Public

Probate is a public process. Anyone can access the court records to see the value of your estate, what you owned, what you owed, and who’s receiving what. For many families, that lack of privacy is reason enough to avoid it.

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4. It Can Create Conflict

Probate can sometimes trigger or intensify family disputes—especially if there’s no will, an outdated plan, or an uneven distribution of assets. The more complex or unclear the estate, the greater the potential for litigation.

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What Assets Go Through Probate?

Generally, the following do go through probate:

Assets held solely in your name

Real estate not held in joint tenancy or in a trust

Bank or brokerage accounts without a payable-on-death (POD) or transfer-on-death (TOD) designation

Personal property without a beneficiary designation

The following assets do not go through probate:

Assets held in a revocable living trust‍

Joint tenancy or community property with right of survivorship

Retirement accounts and life insurance policies with named beneficiaries

Bank accounts with POD or TOD designations

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How to Avoid Probate in California

The good news? Avoiding probate is entirely doable with the right estate planning tools. Here are a few common strategies we help clients implement:

Create a Revocable Living Trust: A living trust allows your assets to bypass probate entirely. You maintain control of the assets while alive, and upon death, your successor trustee distributes everything according to your wishes—without court involvement.

Use Beneficiary Designations Wisely: Make sure retirement accounts, life insurance, and financial accounts have up-to-date beneficiary designations. These assets pass directly to your named beneficiaries and avoid probate.

Joint Ownership and Transfer-on-Death Designations: For real estate and certain accounts, California allows you to add TOD or joint ownership structures that automatically transfer assets outside of probate.

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Final Thoughts

Probate isn’t just inconvenient—it can undermine the very goals your estate plan is meant to achieve: protecting your family, saving time and money, and preserving your legacy.

At Robert Jweinat Law Group, we help individuals and families throughout California create smart, strategic estate plans designed to avoid probate and minimize conflict. Whether you’re just starting your plan or need to update an existing one, we’re here to guide you every step of the way.

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Ready to keep your estate out of court? Contact us today.

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