 if they let it happen to a will and the government gets less if you had let it happen to a will even if it's a probate even if the state where the probate tax is a little high yeah probate is still cheaper than that tax implication yes less than capital gains tax but there's not i don't think there's a state that has a higher probate than capital gains it's more about control and lack of legal and tax knowledge uh... usually than it is some kind of sophisticated argument