The fees
Probate fees vary from state to state—but you get the idea. Probating a will takes time and money, no matter what state you’re in. If your estate is very small, you might be able to avoid probate with a simple will. Assets valued at less than $60,000 to $100,000 (depending on the state) can be transferred to your heir by a simple process called probate affidavit. It costs very little, doesn’t take much time, and makes it easy for your survivors to receive what you want them to. Probate affidavit forms are available in most banks at no cost. Be careful, though. Your estate could be worth more than you think. See page 107 for assessing your net worth.
Keep in mind, too, that wills can be contested, which means that anyone who thinks he or she should have something in the will that the deceased left to someone else has the right to come to the court and ask for it. Then the judge has to decide. Also, although people commonly use wills to specify guardians for their children, this recommendation is not binding. It can only express one’s wishes. Even though Jeff is the legal father, and even though the will expressed Nancy’s desire that he be the sole guardian of the children, the legal guardianship of children always rests in the hands of the court. Nancy’s mother knew what she was doing when she flew to California to ask the court for the children. Will she get them? It’s unlikely, but the court will make its decisions based on whatever it feels is in the best interest of the children.
Could Nancy have arranged her affairs differently, to save all this agony and expense? At least some of it could have been avoided if Nancy had set up a revocable living trust.