<p>Probate is the legal term for the process of changing title and  paying death   taxes. This usually involves a court proceeding. Court  proceedings are generally   thought of as undesirable because of several  reasons. First, they are public.   The property of the decedent is a  public record. Second, it is lengthy. Court   probate proceedings take  about a year or longer depending on the size and   complexity of the  estate. (An estate is the total assets of a deceased person)</p>
<p>Also probate proceedings are expensive. They cost roughly between 2  to 4% of   the gross value of an estate. For example, an estate of  $500,000 might have   probate expenses of $10,000 to $20,000 or more.</p>
<p>Why do I have to have a probate? With the exception of joint tenancy  property   from the decedent to the person receiving the property is  through the probate   court. This is true for real estate, bank  accounts, stocks, automobiles, and   other assets.</p>
<p>In California, however, there is a special law that allows the  transfer of   personal property, including bank accounts, of $100,000 or  less to the heirs   without having to go through probate.</p>
<p>It goes without saying that this cumbersome and expensive probate  procedure   should be and can be avoided by proper estate planning.</p>