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Probate takes time, usually nine months to two years, and sometimes much longer. During part of 
this time, your assets will probably be frozen so an accurate inventory can be taken, and nothing can 
be distributed or sold without the court's and/ or executor's approval. If your family needs money 
to live on, they must request a living allowance, which mayor may not be approved. Also, assets 
could drop in value if the court and/ or executor cannot react quickly enough to sell them-for 
example, if your family wanted to sell stocks in a declining market. 
Your family has no privacy. Probate is a public process. Any "interested party" can find out 
details about your estate, including who the heirs are, how much and when they will inherit, their 
addresses, ete. This information is often used as leads by unscrupulous solicitors. If your estate 
goes through probate, some may call on your family. 
You may have intentionally left one or more heirs out of your will. But the probate process invites 
them to contest, and the court-not you or your family-will decide what they will receive. If you 
are a business owner, the lack of privacy can be devastating to your business. Competitors can 
get valuable inside information about your financial records and personal family affairs-courtesy 
of the probate system. 
You and your family lose control. The probate process, not you or your family, has control over 
how your will is interpreted, how much probate will cost, how long it will take and what information 
is made publie. Families are used to handling their affairs privately and independently. Suddenly 
losing that control to a legal process and having to pay for it can be frustrating. 
Note:Just as probate fees vary from state to state, probate procedures also vary. Most states allow 
very small estates to bypass probate. But few qualify because the limits are typically very low-in 
some states, as low as $15,000 in total estate value. A few states have special processes for surviv- 
ing spouses. Also, some states now allow "informal" probate; however, AARP's survey concluded 
that it frequently does not save the time and money it was intended to save. 
WILLS-AND INCAPACITY 
Becoming incapacitated and losing control is a valid concern of millions of older Americans and 
those who will care for them. With advancements in health care, people are living longer. But this 
also means that more of us will reach the point where we can no longer take care of ourselves. 
Few people plan for this possibility-or they mistakenly think a will is all they need. As a result, 
many people end up under control of the courts btfore they die. 
Why would the court get involved if I have a will? 
Think about this for a few moments. If you can't handle your affairs because of mental or physical 
incapacity-for example, if you have a stroke or a heart attack, develop dementia, or are injured 
in an accident-who will conduct business for you? 
Sooner or later, your signature will probably be required for something-to withdraw savings, 
sell/ refinance assets to pay your expenses, ete. Of course, you may still be able to sign your name 
but, in the opinion of others, are unable to make sound decisions. 
Some people think the person they have named as executor in their will can automatically step 
in and take care of their affairs. But your will can't go into effect until you die, so it can't help. 
Your family or friends can't just take over and sign your name for you. Someone (a relative or 
friend) will have to petition the court to declare you incompetent and appoint someone to act 
for you-whether or not you have a will. 
What happens when the court gets involved? 
A public hearing will be held to determine your competency. If the court 'agrees that you are 
unable to handle your affairs and finds you incompetent, you will lose most of your rights as a 
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