Orange County California

Trust Attorneys


If you are involved in the implementation of a California estate and you realize that there is nothing that you need to do with the probate court then you might be wondering why. Avoiding probate completely is possible for some people, but it takes some planning.

Why Was This Estate Set up This Way?

Without knowing the specific aspects of this person’s estate plan, we can’t tell you why this particular estate was set up to avoid probate. We can, however, share some common reasons for avoiding probate which include:

  • Saving time. The probate process can tie up assets for some time while all of the outstanding issues are settled. Some people prefer to have their assets distributed more quickly and without the involvement of the court.
  • Ease of administration. Not only does avoiding the probate process save time, but it can also be easier for the person responsible for implementing the estate plan.
  • Saving money. Probate may result not only in court fees but also in attorney’s fees. Some people believe that the benefits of probate do not outweigh these costs and try to avoid probate court.

That said, probate courts exist for a reason and the advantages of avoiding probate do not always outweigh the costs of doing so. Thus, you should not be discouraged if you need to go to probate court.

Have Questions?

You have been given a big responsibility and you may need help in making sure that the estate is administered properly. If you have questions then we encourage you to browse our free articles and to start a live chat with us today. Together, we can help make sure that the wishes of the decedent are honored and that all of the legalities are taken care of as you administer the estate.

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