There are number of challenges with Probate. First of all, it’s costly. For example, Probate fees to simply change title to real property from your name to your heirs upon your death would be approximately $22,000. Since all decisions regarding your family and assets may be left up to the court, not only can it take a long time to determine the assets and their distribution – in California, typically a year or more, but the information is no longer private, which means predators are able to see personal information about your family and young children. The court would also make decisions on the well-being of your children, including who will care for them Plus, all decisions regarding your family and assets may be left up to the court. They would make the decision on how to distribute your assets and when. The court would also make decisions on the well-being of your children, including who will care for them and who will be in charge of their finances. With a properly drafted estate plan, including a Living Trust, all of these decisions are in your hands and you can determine what assets your children will receive, and when.