Short Answer:

1)  Anyone can see your file.

2)  Probate Is Expensive.

3)  The court decides, not you.

4)  Probate Is a Lot of Work.

5)  Probates can take a year or longer.

6)  Probate Causes Family Breakups.
Philip McCarthy
Attorney at Law
Probate is: Public, Expensive, Uncertain,
a Lot of Work, Time Consuming and
the Cause of Family Disintegration.
Six Reason to Avoid Probate
Long Answer:

1)  Probate Is a Public Process:

 Probates are posted at the courthouse.

 Anyone with the filing fee can get a copy of a probate file.

 Any interested person can petition the court to open a probate.

2) Probate Is Expensive:

 Probate Code Section 10800 provides that:
 . . . [F]or ordinary services the personal representative shall receive compensation       
  based on the value of the estate . . .
         4% of the first $100, 000.
         3% of the next $100,000.
         2% of the next $800,000.
         1% of the next $9,000,000

 If your estate is worth $500,000.00, it could cost $13,000.00, to probate your estate.

                  $500,000
                 -$100,000        x  4% =    $ 4,000
                  $400,000
                 -$100,000        x  3% =    $ 3,000
                  $300,000
                 -$300,000        x  2% =  +$ 6,000
                   $           0                      $13,000

 Probate fees on an estate are determined by the value of the gross estate, meaning prior
 to any taxes or other charges due on the estate.

3)  Probate Is an Uncertain Process:

 Because Probate is a public process anyone can make a claim.

 Because the court is bound by the Probate and Civil Code, the court will make
 decisions that may or may not be what you would have wanted.

4)  Probate Is a Lot of Work:

 Anyone with a possible claim must be notified.

5)  Probate Is Time Consuming:

  A Probate can easily take a year or more to complete.

6)  Probate Denies Survivors the Ability to Move On With Their Lives:

 A natural part of the death of a loved one is the mourning process followed by a time of
 healing.

 With a probate loved ones are not able to mourn properly because of the uncertainty
 and frustration of the probate process.
For a more detailed analysis of
Why You Should Avoid Probate
contact me.
For a more detailed analysis of
Why You Should Avoid Probate
contact me.