Advantages:
- Probate is controlled by an impartial judge.
- Creditors are required to submit claims against the estate within a specific amount of time.
- The decedent’s estate is inventoried and appraised by a probate referee.
- Probate provides an orderly distribution over a defined timeline.
- The judge can pull back property that was improperly distributed.
Disadvantages:
- Probate administration is usually more expensive than administrating a trust.
- Probate takes longer than trust administration.
- Probate is a public proceeding available to anyone who cares to look.
- Probate litigation to resolve disputes involves multiple lawyers, hearings, court orders, and the imposition of bonds.
Wills are legal instruments that allow decedents to have their estate managed and distributed under court supervision. Probate may have an undeservedly bad name because at times it is extremely beneficial to have the person in a black robe explaining what must be done. It can be time-consuming, but sometimes the impartial judge prevents devastating consequences.
Administration of the Non-Planned Estate:
For those without Will, the California Probate Code provides a one size fits all procedure for gathering and distributing your estate. It does not take a decedent's wants or concerns into account. Most families would prefer that this does not happen.
