Lack of Privacy. When a will goes to probate, it becomes a public document. A Better Protective Shield. The Cost of Probate. Another frequently mentioned reason for avoiding probate is the cost.
Attorney fees are usually a statutorily prescribed fixed percentage of the probate estate.
Some attorneys such as those in our firm, however, will agree to fees based on hourly rates instead of the fixed probate estate percentage. Other Factors to Consider. Even though title is passed to the trust when the trust is funded, thus avoiding the probate estate, these assets may still be included in the assets of the taxpayer's taxable estate. Merely re-titling assets into a trust is not the same as the grantor truly giving up all control and enjoyment of the assets. In order for trust property to not be included in the grantor's taxable estate, the property must be a true gift to the trust.