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When you realize that Probate law is set up not only to facilitate Due Process, but to ensure that the courts and the lawyers that practice in those courts stay busy, you can begin to understand why Probate law and the courts work the way they do. It is not just an area of law, it is a business, and the business side wants its fees, expenses, taxes, and pound of flesh. In a way, it's meant to be confusing, because in the government's view, why should everyone just be allowed to do it themselves easily? That's not how government works. But in defense of the government, these Probate codes were set up to facilitate justice too, that is, to protect elders, make sure rightful distributions are made, to provide remedies for when financial abuse occurs, and maybe most importantly to make sure that debts are paid. The government inherently loves having control over Probate and/or your estate/person. It's not a human entity of course, but rather an agency and an entity that has coffers to fill. In sum, consider getting a living trust to protect what you and your family have earned over the years. Cut out the middle men and/or agencies/government/courts/lawyers that don't give a hoot whether or not your family inherits anything at all.