Estate & Legacy Planning
What Goes Through Probate?
People talk about probate like it swallows everything you own. It doesn't. Probate only reaches assets that were in your name alone with no named beneficiary — and knowing the difference is most of the battle.
What skips probate entirely
These pass directly to the named person regardless of what your will says. That's why a will is not a complete estate plan by itself — most of what people own can pass outside of it.
- Life insurance and annuities with a named beneficiary.
- Retirement accounts — 401(k)s and IRAs — with a named beneficiary.
- Bank and brokerage accounts held jointly with right of survivorship.
- Accounts with payable-on-death or transfer-on-death designations.
- Assets titled in the name of a living trust.
What goes through
Probate property is anything titled in your name alone with no beneficiary: a house held in your name only, a vehicle, a bank account with no payable-on-death designation, personal belongings. In Nebraska, these go through the county probate court so ownership can be legally transferred and creditors' claims resolved.
Nebraska offers a simplified process for smaller estates, and probate here is generally more manageable than the horror stories suggest. But it takes time — typically many months, sometimes longer — and it's public.
Why it matters
For a surviving spouse, probate is a hassle layered on top of grief. For adult children trying to settle things from out of state, it's months of paperwork and court deadlines on top of their own lives. Most of the planning we do is about shrinking what goes through probate to the smallest, simplest pile possible.
Sometimes the answer is beneficiary designations. Sometimes it's titling. Sometimes it's a trust. The mix depends on what you own and who's waiting for it — and that's worth an hour of conversation before it becomes a court case.
A note before you go
This article is general education, not advice about your specific situation — your numbers, health, and family will change the answer. Talk with our team before making decisions. Estate plans involve legal documents. Omega isn't a law firm and we don't give legal advice, but the documents we help you put in place are drafted by actual attorneys — legal documents that have been probate-tested in all 50 states. We're glad to walk you through how it all fits together.
Let's sit down and talk it through.
No pressure and no product pitch — just a conversation about where you are and what you're trying to figure out.