Updated: August 23, 2018



Have you ever wondered what your family would need to do to get their hands on everything you’ve left them if something happened to you tomorrow? How do they obtain title to your real estate and access to your bank accounts? What about your stock portfolio and your business interests?

In this article, you will find out that your family will not have automatic access to your things. They’ll need to go through the probate court to collect them.

You’ll also learn how expensive probate costs.

It’s a privilege to leave a lasting legacy and to pass on as much of your wealth to your loved ones as possible. So take advantage of it and be proactive while you’re still alive and well.

What Is Probate?

If your assets are worth more than $150,000, your family will likely need to go through the probate court to collect your things if you didn’t put a plan in place to avoid probate. Your family must prove to the probate judge that they are entitled to the things you left behind (defined as your “estate” and “assets” in legal terms) and California law will dictate how your assets are distributed among your family.

Your family will need to hire a probate attorney and the court will appoint a personal representative to handle the probate proceedings. The fees for probate attorneys and personal representatives are set by law, and they are very expensive (see chart below).

The entire probate process can take a year or even two years if your family fights over who should get what. So rather than taking the time to grieve and move on, your family will be stuck in court sorting out the uncertainty that you left behind.

What Happens During the Probate Process?

When someone passes away and their belongings need to be claimed or distributed, the probate process is started when you or a probate attorney submits paperwork to the probate court.

If someone passes away and leaves behind a will, then the will names someone to be the executor of the will writer’s estate and belongings. Simply put, the executor is responsible for distributing a deceased person’s property as instructed by the will. Also, the executor must handle financial responsibilities such as paying debts and expenses.

Often, the executor of the will is the person who starts the probate process (or who hires an attorney to do so).