A trust is only as good as its funding: if assets aren’t retitled into the trust after you sign it, they can still go through probate.  Even with a trust, you still want a simple will (often a “pour-over will”) to catch anything missed.  Be honest with your lawyer about complexity — it helps them tailor the plan instead of making assumptions.

Why You Must Not Allow Your Property Fall In To Probate After You Pass!

Because the average probate process for an estate involving a home typically takes 9 to 18 months and costs range from 3% to 7% of the total estate value. The specific time and cost are heavily dependent on state laws, the estate's complexity, and any family disputes. 

Example:  Your estate (Including your home and all of your other values) is valued at approximately $1,600,000.  At a probate cost of 3%, your estate will pay, $48,000.00.  At a probate cost 7%, your estate will pay, $112,000.00.  

Let me be clear!  If you own a home  in California your estate could easily be over $1,600,000 if you own anything else.  

These figures may different in other states but the bottom-line is the same:  If your home falls into probate, your hairs are going to loose a hell of a lot of money!  If you are not concern about this, then there is probably no major reason why you should own a Revocable Living Trust!

Average Timeline

Most standard probate cases involving real estate are completed within 9 to 18 months. 

• Simple cases: A very straightforward case with a clear will and no disputes might be resolved in as little as 6 to 9 months.
• Complex cases: Issues like will contests, difficulty appraising assets, or tax complications can extend the process to two years or more. 

California probate cases often take longer, with most cases requiring 12 to 18 months due to procedural requirements, including a mandatory four-month creditor waiting period. 

Average Cost:

Probate costs are generally paid from the estate's assets before distribution to beneficiaries. The total expenses often add up to 3% to 7% of the gross estate value. 

Common costs include:

• Attorney and Executor Fees: Many states, including California, have statutory fee schedules for attorneys and executors based on a percentage of the estate's value. For example, in California, the fees start at 4% for the first $100,000 and decrease incrementally for larger amounts.
• Court Filing Fees: These vary by county but often range from $400 to over $1,000 in total.
• Publication Fees: A formal notice of the probate proceeding must be published in a local newspaper to notify creditors, typically costing several hundred dollars.
• Appraisal Fees: A court-appointed referee will appraise non-cash assets, including real estate. This fee is often a small percentage of the appraised value (e.g., 0.1% in California).
• Surety Bond: The court may require the executor to purchase a bond, which acts as insurance to protect the estate. The cost depends on the estate's value and the executor's credit score. 

Following are some general information you need to be aware of before you make your decision about owning a "Revocable Living Trust:)

Key Factors Affecting Time and Cost

• State Law: Laws and typical court backlogs vary significantly by state.
• Estate Complexity: More assets, especially those that are difficult to value (like a business or unique real estate), increase time and cost.
• Disputes: Contested wills or conflicts among heirs can significantly prolong the process and increase legal fees.
• Estate Planning: A well-structured estate plan, such as a living trust, can often help the family avoid probate entirely, saving both time and money. 

Keep in mind that all property recurring cost must still be paid.  

When a property is in probate, who pays what?

1️⃣ Property taxes

Still due, on time. Probate does not pause taxes.

Paid from the estate, usually out of:

Estate bank account, or

Other liquid assets

If there’s no cash, the executor may:

Advance funds (and get reimbursed), or

Petition the court to sell assets

Missed property taxes = penalties, interest, or worst case tax sale. Courts don’t protect estates from that.

2️⃣ Homeowner’s insurance

Must stay active — no exceptions.

Paid by the estate as an administrative expense.

Executor should:

Notify the insurance company of the death

Ensure coverage reflects vacant property if nobody lives there

If insurance lapses and there’s a loss (fire, theft, liability):

Executor can be personally exposed

Beneficiaries may sue

This is one of the biggest executor screw-ups.

3️⃣ Maintenance & utilities 

Still Required

Includes: Lawn care, Repairs, HOA fees, Utilities (electric, water, gas), Security / winterization

All are:

Estate expenses

Paid before beneficiaries see a dime

Why? Because the executor has a duty to preserve the asset.

Letting a property deteriorate = breach of fiduciary duty.

4️⃣ Mortgage (if any)

Still must be paid., Usually paid from estate funds. Lender cannot force immediate payoff just because of death (federal Garn-St. Germain Act), but…

Miss payments = foreclosure risk, probate or not.

Where does the money actually come from?

Typically: Estate checking account (opened by executor), Existing cash accounts, Income generated by the estate (rent, interest)

Sale of assets (if needed, sometimes with court approval), If there’s no liquidity, probate can turn ugly fast. Who ultimately bears the cost? 

The estate, which means:

 Costs reduce what heirs receive

Not paid proportionally by heirs unless the will specifically says so

Hard truth (no sugarcoating)

Probate is expensive because:

Properties bleed cash while waiting

Executors move slowly

Courts add friction

Nobody has full authority early on

This is exactly why living trusts exist.

Contrast: Property in a Living Trust (why people do this)

If the property is in a properly funded trust:

Trustee can pay taxes, insurance, maintenance immediately

No court delays

No probate overhead

Less risk, less cost, less stress

That’s not theory — that’s real-world execution.

Bottom line

Property bills do not stop during probate

The estate pays, under the executor’s watch

Lack of cash = forced decisions

Delays = higher costs

Trusts eliminate most of this pain

AI responses may include mistakes. For legal advice, consult a professional at Legal Shield!