Most people assume a last will and testament means their family avoids court after they pass away. In her latest segment on WGNY, Megan Conroy explains why that’s a myth — and what actually determines whether an estate goes through probate.

What Probate Really Is

Probate is the court process used to validate a will. Having a will does not prevent probate — how your assets are titled does. Any time your family needs to rely on your will to transfer an asset, that will has to be validated by a court first, which adds cost, time, and the chance for other people to get involved: someone claiming they should be executor, someone claiming they’re a beneficiary, a creditor claiming they’re owed money.

None of this can be fixed after someone passes away. Whatever the will says, and however the assets are titled at that moment, is what your family has to work with — which is why an estate plan needs regular updates, not a one-time signature.

The Three Ways an Asset Can Be Titled

• Individually titled, no joint owner or beneficiary. Requires probate before your family can access it — even with a will.
• Jointly owned. Passes automatically to the surviving owner. No probate.
• Beneficiary designation. Passes directly to the named beneficiary. No probate.

It’s common for an estate to have a mix of all three, which is exactly why a coordinated plan matters. Don’t forget, a beneficiary designation always overrides the will: if your life insurance beneficiary is your spouse from your first marriage and you’ve long since split, it doesn’t matter if your will says to leave everything to your kids. Your former spouse may receive the payout, despite what your will says.

The Assets People Forget About

Clients are diligent about naming beneficiaries on brokerage, retirement, and life insurance accounts. So what gets overlooked? Real estate and vehicles — the two most commonly probated assets. They’re also the most difficult to add a joint owner or beneficiary to, which is where trusts come into play. 

How Long Does It Take?

Locally, a straightforward probate case takes about a year — 2–3 months to appoint an executor, then a required 7-month waiting period for creditors to come forward before any beneficiary is paid. Disputes over the will or the executor can stretch that to several years — Megan has even seen estates drag on for six to eight years.

One detail families rarely expect: creditors are paid before beneficiaries. All debts, including old judgments and back child support, come out of the estate first — sometimes leaving little or nothing behind.

The Bottom Line

Avoiding probate isn’t about having the right will — it’s about making sure every asset is titled correctly and every beneficiary designation is current. A comprehensive estate plan does just that.

🎧 LISTEN TO THE FULL INTERVIEW 

Tune in to hear Megan’s full conversation on how asset titling determines probate, why beneficiary designations can override a will, and what a coordinated estate plan can do to protect your family.

Avoiding probate starts with a plan that looks at your whole picture — not just your will. Schedule a consultation with Blustein, Shapiro, Frank & Barone, LLP to make sure your assets, beneficiary designations, and estate plan are working together the way you intend.