Isha Kakkar
What is probate court?
Probate is the court supervised process of distributing one’s estate once they have passed. Probate court also handles matters such as guardianship and conservatorship proceedings. All these processes are time consuming and extremely costly. All these processes can also be avoided by having the correct documents in place.
Why is probate court time consuming?
Probate court is time consuming because from the time of filing a petition and having a hearing date, depending on the matter, it could be from weeks, to months. Further, if the matter is being contested or there are any challenges, the process could be much longer. On average, the formal probate process can take anywhere from six months to a year and a half.
Why is probate court costly?
Attorneys’ fees are calculated at a percentage (depending on the value of the estate), further these fees are statutory fees, meaning these fees are set by law and the estate will be responsible for paying these fees. For example, an estate valued at approximately $1 Million could result in almost $23,000 in attorney’s fees.
Why do you want to avoid probate?
Probate is a public process. All of your family affairs, documents, evidence presented to the court, will become a part of the public record. So if you have any nosey family members, they can pull up the case information and see who is getting what. Further, information such as debts, assets, distributions, and other potentially private information is also a part of the public record. It’s also important to note that creditors are also notified during the probate process, allowing creditors to file claims against the estate to collect their debts. Furthermore, the judge may interfere and must approve certain steps of the probate process.
How can you avoid probate?
Create a living trust, as a will does not help you avoid probate, especially if your estate is valued over $150,000.
Isha Kakkar, Esq.
Founder | Managing Attorney
Law Office of Ishajeet K. Kakkar
20860 Plummer St.,
Chatsworth, CA 91311
P|F: (818) 334-2088
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