Your Guide to Probate: What It Is, How It Works, and Why You Should Care

When you pass away, your belongings, money, and property need to be divided and distributed according to your wishes or, in the absence of a will, state laws. Probate is the legal process that manages and distributes your estate after you’re gone, but it’s often lengthy, costly, and public. Here’s an overview of how probate works and the common challenges families face along the way:

Lodging a Will

If you leave a will, it must be filed with the court to begin the probate process. This ensures that your estate is distributed as you intended. However, disputes may arise if a will is contested, with some questioning its validity or alleging undue influence. If no will exists, your estate is divided according to state laws, which can lead to additional disagreements among family members.

Appointing an Executor

An executor is appointed to handle the estate, either as named in the will or chosen by the court. This person is responsible for paying debts, gathering assets, and distributing them according to the will or state law. Disputes can occur if family members disagree with the court’s choice of executor or question the executor’s trustworthiness, leading to delays and added tension.

Inventory of Assets

The executor creates an inventory of all assets, including money, property, and personal belongings. Family members may disagree on the value or ownership of certain assets, especially sentimental ones, and lack of transparency from the executor can lead to mistrust.

Paying Debts

Before assets are distributed, the executor must pay any outstanding debts or taxes. Disputes may arise over which debts should be paid, or beneficiaries may feel frustrated if debt payments reduce the estate significantly. Executors must also be wary of scammers who may attempt to claim fraudulent debts during this vulnerable time.

Distributing Assets

After debts are paid, remaining assets are distributed to beneficiaries according to the will or state law. Even with a will, disagreements can arise over the fairness of asset distribution, or beneficiaries may interpret the will’s instructions differently. Delays in asset distribution, especially if debts take time to settle, can increase frustration and family tension.

The Cost of Intestacy in California

When someone dies without a will, intestacy laws determine how the estate is divided among family members. In California, the lack of a will means assets may be distributed in ways that don’t align with your true intentions, potentially causing family disputes and leaving loved ones without proper support. The probate process in such cases can last 18 months to two years, creating additional challenges:

• Public Scrutiny: Probate proceedings are public, exposing details of your estate—such as asset values and beneficiary names—to anyone. This loss of privacy can leave your family vulnerable to scammers and creditors. The estate of actor Robin Williams serves as a notable example of the unwanted public attention that probate can bring, exposing his family to media scrutiny and financial predators.

• Time-Consuming Process: Probate can drag on for months or even years, preventing heirs from accessing needed funds during a time of grief. The late musician Prince’s estate, which lacked a will, was stuck in probate for over two years, delaying financial support for his heirs and adding frustration during an emotionally challenging time.

• Considerable Financial Burdens: Probate costs can be substantial, including court fees, attorney fees, and administrative costs. The estate of Michael Jackson, for example, incurred millions in probate fees, significantly reducing the net inheritance for his children. These costs can create financial strain and detract from your intended legacy.

• Risk of Misaligned Wishes: Without a will, state laws decide how assets are divided, which may not reflect your true wishes. Jimi Hendrix’s estate became entangled in legal disputes due to intestacy laws, causing family discord and prolonged litigation. Without a personalized plan, state-dictated outcomes may foster resentment and undermine your legacy.

How to Avoid Probate Complications

While probate provides a legal framework for managing your estate, it often creates unnecessary complications and unintended conflicts. A proactive estate plan can help you avoid these issues, simplify asset distribution, and ease the burden on your loved ones. Through a comprehensive approach, you not only secure your family’s future but also have the opportunity to give back to the community in ways that reflect your values.

Designing Your Legacy with Purpose

At Roots and Wings Legal, we believe estate planning should go beyond simple asset distribution to reflect your values, protect your family’s harmony, and make a lasting impact. Through our Legacy Engineering™ process, our Legacy Engineers™ work with you to create a holistic plan that helps avoid probate complications, protects your assets, and supports the causes you care about. Whether you're focused on wealth preservation, tax efficiency, or creating a charitable legacy, our approach ensures every aspect of your estate is managed according to your wishes.

Ready to design a legacy that reflects your values and secures your family’s future? Contact us today to book an introductory call, and let’s start designing a legacy that will endure for generations.