These fees may include attorney's fees, court costs, tax return preparation, etc. Some states determine the fees based on the value of the assets passing through probate. Estates which exceed certain amounts may be subject to both state and federal death taxes. Cash flow deficiencies may result in not enough income to care for loved ones left behind. Additional death taxes may be paid because of no pre-death planning.
Minor children pose special consideration.
As mentioned above, probate takes a great deal of time. As much as two years. Unfortunately, during the probate period your assets are frozen and only occasionally can the family request a living allowance to help tide them over. Probate is also a very public event. Upset relatives or other interested parties may contest a will which will increase the probate time frame and cause heirs unnecessary heart ache.