How Nebraska law determines which children inherit when someone dies without a will

Detailed Answer — Who among the children inherits an intestate estate in Nebraska?

Short answer: If a Nebraska resident dies without a will (intestate) and the decedent is survived by children but not a surviving spouse, the children inherit the entire estate in equal shares. If a child of the decedent predeceased the decedent, that child’s own descendants (the decedent’s grandchildren) normally step into the deceased child’s place and inherit that child’s share. Nebraska law treats adopted children as descendants for inheritance and recognizes other rules for posthumous or illegitimate children once parentage is established.

How the law actually works (plain language)

Nebraska’s statutes set rules for descent and distribution when there is no will. The key points you need to know:

• If the decedent is survived only by one or more children (no surviving spouse and no surviving parents), those children divide the estate equally.
• If a child died before the decedent but left descendants (for example, grandchildren of the decedent), that line of descendants usually inherits the share that the deceased child would have received. In other words, the grandchildren take by representation of their parent’s share.
• If a child died leaving no descendants, that child’s would‑be share is redistributed equally among the surviving children (or among other lines of descendants if more than one child predeceased).
• Adopted children are treated the same as biological children for intestate succession. Stepchildren who were never legally adopted generally do not inherit by intestacy unless another relationship or legal recognition exists.
• A child born after the decedent’s death (a posthumous child) can inherit if the child is in fact the decedent’s descendant under Nebraska law.
• Children born out of wedlock can inherit if parentage is established by birth certificate, paternity order, genetic testing, or other legal proof.

Statutory references

Nebraska’s rules on descent and distribution are laid out in the Nebraska Revised Statutes governing probate and intestacy. For the controlling text and official language, see the Nebraska statutes on descent and distribution: Neb. Rev. Stat. §30-2201 and following (Descent and distribution). Those provisions explain how descendants, adopted children, and representation work in intestate cases.

Common fact patterns (hypothetical examples)

Example 1 — All children survive: Alice dies leaving three adult children and no spouse. Each child receives one-third of Alice’s intestate estate.

Example 2 — One child predeceased with descendants: Bob dies leaving two surviving children and one child who died earlier but left two children (Bob’s grandchildren). The deceased child’s two children together inherit the share their parent would have received (that one-third), usually split equally between them. The two surviving children each receive one-third.

Example 3 — Child predeceased with no descendants: Carol dies leaving three children, but one child died earlier and left no children. The estate is split equally between the two surviving children (one-half each); the deceased child’s share does not pass to unrelated people by default.

Proof of parentage and special situations

To inherit as a child or descendant, the person must be recognized as such under Nebraska law. Typical proof includes a birth certificate, adoption decree, court order establishing paternity, or DNA results paired with a court determination. If parentage is disputed, the personal representative or heir can ask the probate court to decide parentage before distribution.

Practical steps for heirs and personal representatives

1. Obtain several certified copies of the decedent’s death certificate.
2. Locate assets and prepare an inventory for the probate court.
3. If no will exists, file a petition for appointment of a personal representative (administrator) in the county probate court where the decedent lived.
4. Identify and notify heirs. The administrator will use the statutory order of succession to prepare a proposed distribution plan.
5. If parentage or adoption is unclear, gather documents (birth certificates, adoption decrees, paternity orders, or DNA evidence) or ask the court to resolve disputes.
6. Use the probate process to pay debts and taxes, then distribute remaining assets to heirs per Nebraska law.

Helpful Hints — Practical tips for navigating intestate succession in Nebraska

• Get legal help early if the family situation is complex (disputed paternity, blended families, multiple generations). Probate rules are technical, and mistakes can delay distribution.
• If the estate is small, Nebraska may allow a simplified or small‑estate procedure that avoids formal probate; ask the county probate court or a lawyer whether your case qualifies.
• Collect documentary proof of relationships (birth certificates, adoption decrees, marriage certificates, court paternity orders) before filing paper with the court.
• Remember that a surviving spouse can change how the estate divides. If a spouse exists, distribution depends on whether there are also children and whether they are the children of the spouse. Check the statutes or consult an attorney for mixed spouse/child situations.
• When a child predeceased the decedent leaving grandchildren, expect the grandchildren to receive their parent’s share unless Nebraska law or a court order provides otherwise.
• Contact the local county probate court for forms, filing fees, and procedural requirements or consult a probate attorney for guidance tailored to the family facts.

Disclaimer: This article explains general Nebraska intestacy rules only. It is not legal advice. For advice about a specific estate or family situation, consult a licensed Nebraska attorney or the probate court.