Nebraska: Securing a Deceased Person’s House and Preventing Siblings from Removing Property Before You Are Appointed Administrator

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.

How to secure a house and prevent siblings from taking belongings before appointment as administrator

Short answer: Act quickly, document everything, avoid confrontations, and use safe-preservation steps while you file for appointment with the county court. If someone removes items, contact law enforcement and ask the county court for protective relief when you file for administration. Nebraska’s probate laws (see Nebraska Revised Statutes, Chapter 30) govern appointment and duties of administrators, and Nebraska’s criminal laws (Chapter 28) address theft and related offenses.

Detailed answer — step-by-step actions to protect the property

1. Understand who has legal authority right now

Until the court issues letters of administration (appointment papers), no one has court-authorized power to control or dispose of the decedent’s property except a properly appointed personal representative. That means family members do not automatically have legal authority to sell, give away, or permanently remove estate property. The Nebraska Probate Code controls appointment of administrators and their duties; review Chapter 30 for the statutory framework: Neb. Rev. Stat., Chapter 30 (Probate).

2. Immediate safety and security steps

  • Lock doors and secure the premises. If the decedent was the only owner and you can legally access the property, change locks or have the local sheriff or a locksmith secure the home. Avoid forcibly removing co-owners; if title shows joint ownership, changing locks may create legal problems.
  • Limit access. Allow only essential people inside (police, medical personnel, close family for immediate needs) and keep a log of visitors, including dates and times.
  • Take photos and video of each room and of valuable items in place. Use time-stamped photos if possible.
  • Create an item list. Walk through the house and make a simple inventory: major appliances, electronics, jewelry, firearms, heirlooms, cash, and vehicles. Note approximate values and locations.
  • Collect immediate documents. Secure wills, insurance policies, deeds, titles, and account statements. Put them in a locked envelope or safe place.
  • Store high-value items safely. If you can legally move small, highly valuable items (jewelry, cash, checkbooks) to a secure location (bank safe-deposit box or a lawyer’s trust account), do so and document the transfer carefully with photos and receipts. If you are unsure about authority, do not move items that are likely to be disputed.

3. Document everything

Document every step you take. Keep dated photos, written notes, receipts, and a contact log of who visited the property. If a sibling removes something, immediately record what was removed, who removed it, and when. Witness statements and photographs of a missing item in its original location are very helpful later.

4. Communicate in writing

Send a clear, non-confrontational written notice (certified mail recommended) to interested family members stating that you are preserving the estate property and that you intend to file for appointment as administrator. Keep a copy of the letter and return receipts. Written communications create a record of your attempts to preserve assets and can be provided to the court if disputes arise.

5. Contact law enforcement if items are taken

If a sibling or another person takes items without permission, that conduct may be civil conversion or a criminal offense (theft). Document the loss and contact local law enforcement to report the theft. Nebraska’s criminal statutes appear in Chapter 28: Neb. Rev. Stat., Chapter 28 (Crimes and Punishments). Police reports provide an independent record you can present to the court.

6. File for appointment in county court promptly

File a petition for appointment as personal representative or administrator in the county court where the decedent lived. The court issues letters of administration which legally authorize you to inventory estate property, secure assets, and prevent further unauthorized removal. Nebraska’s probate statutes establish the filing and administration process; start with Chapter 30: Neb. Rev. Stat., Chapter 30. Contact the county court clerk for local forms and timing.

7. Ask the court for protective relief if required

When you file for appointment, ask the court for immediate protective measures if you have an urgent risk—examples include appointment of a temporary or special administrator, an order to preserve property, or a directive prohibiting removal of assets. Courts often have procedures to preserve estate assets pending formal appointment; your petition should explain the risk and request what you need to secure the property.

8. Prepare a formal inventory once appointed

After the court issues letters, the personal representative must prepare and file an inventory of estate assets as required by the probate process. Keep the pre-appointment documentation to help build that inventory and to show the court what steps you took to preserve the estate.

What to avoid

  • Do not remove property that is clearly owned jointly by another person (joint tenancy, tenancy by the entirety) or by someone else without written permission or court authority.
  • Avoid confrontations. Physical or heated confrontations can lead to criminal or civil problems and make resolution harder.
  • Do not dispose of property that may be contested. If in doubt, document and leave it in place until the court decides.

When to involve a lawyer

If siblings already removed property, if disputes escalate, or if you need the court to act fast to preserve assets, consult a probate attorney. A lawyer can help you prepare the petition for appointment, request temporary relief from the court, and advise about criminal reports for theft or civil claims for conversion.

Helpful Hints

  • Make safety your first priority. Call the police if you fear escalation or threats.
  • Start filing for administration quickly. The sooner you have court authority, the easier it is to control asset disposition.
  • Keep receipts for any reasonable expenses you incur to secure the property (locks, storage, moving small items). These may be reimbursable from the estate once you are appointed.
  • Use certified mail or email with read receipts for important communications to family and interested parties. Keep copies of all messages.
  • Do not attempt to value complex assets (antiques, artwork, jewelry) yourself. Get written appraisals when possible after appointment.
  • Contact the county court clerk for local probate forms and timelines; courts provide basic guidance for filing a petition for administration.

Useful statutory resources: Nebraska’s probate statutes and criminal code are available online:

Final note (not legal advice): This article provides general information about preserving estate property in Nebraska and is not legal advice. Laws change and each situation has unique facts. Consult a licensed Nebraska attorney or your county court clerk to get advice tailored to your circumstances.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.