Disclaimer

This article provides general information about Nebraska probate practice only. It is not legal advice. Consult a licensed Nebraska attorney to discuss the facts of your case and get legal representation.

Detailed Answer

Letters of administration (sometimes called letters of administration with will annexed, or simply letters) give a person authority from the county court to manage and distribute an intestate decedent’s estate (a person who died without a valid will) or an estate when no personal representative has been appointed under the will. In Nebraska, the county court handles probate and the appointment of personal representatives under the Nebraska Probate Code. For the statutory framework, see Nebraska’s Probate Code (Chapter 30): Neb. Rev. Stat. Chapter 30, and general probate information from the Nebraska Judicial Branch: Nebraska Judicial Branch – Probate.

If a sibling has applied for letters of administration and you want to challenge that application, follow these practical steps. Timing matters: act quickly so you preserve any statutory rights and deadlines.

1. Confirm what was filed and where

Visit (or call) the county court clerk in the county where the decedent’s estate is being opened. Ask for the probate file and the petition for letters of administration, and review the court’s notice and any hearing date. The petition and any attachments show who applied, the priority claimed, and grounds the applicant offered for appointment.

2. Understand the legal basis to oppose appointment

Common legal reasons to object include:

• The applicant lacks priority under Nebraska law to be appointed.
• The applicant is unfit: incapacitated, has a felony conviction involving dishonesty, has a conflict of interest, or is otherwise unable or unwilling to serve.
• The applicant committed fraud in the application or concealed assets.
• The applicant failed to give required notice to heirs or creditors.
• A different qualified person (you or someone else) has a better legal right to serve.

Check Chapter 30 of Nebraska law for statutory qualification and priority rules: https://nebraskalegislature.gov/laws/statutes.php?chapter=30.

3. File a formal objection or contest

To formally oppose the appointment, you generally must file a written objection, sometimes called a petition to contest appointment or an objection to issuance of letters, at the county court where the probate petition is pending. The objection should:

• Identify the case (estate name and case number).
• State your relationship to the decedent and your interest in the estate.
• Explain the specific legal grounds for the objection with supporting facts and any documents or affidavits.
• Ask the court for the relief you want (deny issuance of letters, set a hearing, appoint someone else, require a bond or supervision, etc.).

File the objection promptly and serve copies on the applicant and other interested persons as required by local rules and the court. If a hearing is already scheduled, attend the hearing and be prepared to present evidence and witnesses.

4. Gather supporting evidence

Collect evidence that supports your objection—examples include:

• Medical records or sworn statements showing incapacity.
• Criminal records showing convictions that bear on fitness to serve.
• Financial records showing fraud or misappropriation.
• Communications showing undue influence.
• Proof that proper notice was not given to heirs/creditors.

5. Attend the hearing and present your case

The court will set a hearing if you file a timely objection. At the hearing:

• Offer oral argument and admit sworn testimony and exhibits under the court’s rules.
• Use affidavits if witnesses cannot attend, subject to the court’s discretion.
• The judge will weigh the evidence, determine who is qualified, and decide whether to issue letters to the applicant, to someone else, or to impose conditions (bond, supervision).

6. Emergency relief when the estate is at immediate risk

If assets are at risk of dissipation or the applicant has started acting in a way that will injure the estate, ask the court for emergency relief such as a temporary restraining order, an order freezing the estate’s bank accounts, or immediate appointment of a neutral temporary administrator. Explain the urgent risk and support with affidavits or documentation.

7. Appeal or further challenge

If the court appoints your sibling despite your objection, you may have a right to appeal or file post-judgment motions. Appeals have strict deadlines and procedural rules. Consult an attorney quickly to preserve appellate rights.

8. Consider alternatives

The court may prefer less adversarial solutions: stipulation settling disputes, the appointment of a neutral or professional administrator, or requiring the applicant to post a bond and file inventories and accounting. These options can protect the estate while minimizing delay and cost.

When to hire a lawyer

Probate procedure and objecting to a personal representative involve strict rules and deadlines. Hiring a Nebraska probate attorney is especially important if:

• The estate has substantial assets or complex assets.
• The alleged misconduct involves fraud, self-dealing, or large transfers.
• There are complex priority or will interpretation issues.
• You need emergency relief (freeze on accounts, emergency appointment).

Helpful Hints

• Act quickly. Deadlines in probate are short; prompt action preserves your rights.
• Start at the county court clerk’s office to get the file, petition, and notice. The county court handles probate matters in Nebraska.
• Document everything. Keep copies of filings, notices, communications, and financial records.
• Use sworn affidavits from witnesses if necessary to support claims of incapacity, fraud, or undue influence.
• Ask the court to require a bond or supervised administration if you worry about mismanagement.
• If you need help finding a Nebraska attorney, consult the Nebraska State Bar Association or local lawyer referral services.
• Review the Nebraska Probate Code (Chapter 30) for statutory guidance: https://nebraskalegislature.gov/laws/statutes.php?chapter=30.
• Check the Nebraska Judicial Branch probate resources for forms and local procedures: https://supremecourt.nebraska.gov/county-court/probate.