How Nebraska Law Treats Joint Bank Accounts and Jointly Held Property When Someone Dies Intestate

Disclaimer: This article explains general Nebraska law and is educational only. It is not legal advice. For advice about a specific situation, consult a licensed Nebraska attorney.

Detailed Answer

Big-picture: probate vs. non-probate property

When someone dies without a will (intestate) in Nebraska, assets fall into two broad categories: non‑probate property and probate property. Non‑probate property passes outside the probate process directly to the named survivor(s). Probate property becomes part of the decedent’s estate and gets distributed under Nebraska’s intestacy rules by the probate court. Which category an asset falls into depends on how it was titled or whether it names a beneficiary.

Jointly held bank accounts

Most banks treat an account titled in two names with no additional instructions as a joint account. If the account is intended as a joint account with rights of survivorship, the surviving co‑owner typically becomes the sole owner immediately when the other account holder dies. Banks commonly transfer funds to the surviving owner after seeing a death certificate. This means the money does not have to pass through probate in many cases.

However, questions can arise:

• If the joint account was really created for the convenience of the decedent (for example, a child added to help pay bills) rather than as a gift or survivorship arrangement, a court can decide that the decedent’s share is part of the estate and must be distributed through probate.
• If a bank refuses to release funds (for example, because the account is large or the bank requires an affidavit), the surviving joint owner may need to provide a death certificate and the bank’s required forms. If a dispute arises, that may require court action.

Jointly held real estate

How real estate passes depends on how title is held:

• Joint tenants with right of survivorship: The survivor generally takes the decedent’s interest automatically. The property does not pass through probate.
• Tenants in common: Each owner holds a distinct share. A tenant in common’s share becomes part of the probate estate and is distributed under Nebraska’s intestate rules if there is no will.
• Spouses and ownership forms: Married couples sometimes own property in ways that create survivorship rights. The exact effect depends on the title language and the deed.

Intestate succession (when title is not survivorship or the asset is probate property)

If an asset is part of the probate estate, Nebraska’s intestacy rules determine who inherits. The probate court will appoint a personal representative (administrator) who gathers assets, pays debts and taxes, and distributes what remains to heirs under the Nebraska probate statutes. You can review the probate statutes in Nebraska’s Probate Code, Chapter 30: Nebraska Revised Statutes, Chapter 30 (Probate).

Common outcomes under intestacy:

• If the decedent is survived by a spouse and children, the estate is typically divided among them according to the statutes.
• If there are no surviving relatives, the estate may ultimately escheat to the State of Nebraska.

Small estates and simplified collection

Nebraska has procedures to simplify collection of modest estates or certain assets (for example, small‑estate procedures or affidavit claims for limited amounts). These procedures allow banks or other holders to release assets without full probate in some cases. The Nebraska Supreme Court and probate statutes explain filing requirements and thresholds; the Nebraska probate information pages give practical forms and instructions: Nebraska Judicial Branch — Probate information.

Disputes over intent and evidence

When a surviving joint owner claims full ownership, but other heirs contend the account or property belonged to the decedent’s estate, the dispute turns on evidence of the decedent’s intent. Relevant evidence can include:

• How and why the account or deed was created;
• Who contributed funds or paid the mortgage/taxes;
• Statements or documents indicating whether the co‑owner was supposed to receive the asset on death.

Court decisions and local practice determine how strongly Nebraska law presumes survivorship from joint titling; contested matters can require litigation.

Practical steps for surviving co‑owners and heirs

1. Obtain certified copies of the death certificate.
2. Collect account statements and the deed or title documents showing how assets are titled.
3. Talk with the bank or title company — ask what documentation they require to transfer assets to the surviving owner.
4. If the institution will not release funds, consider whether a small‑estate affidavit is available or whether opening a probate case is necessary.
5. If you expect a dispute or if the estate is sizable, consult a Nebraska probate attorney promptly.

Helpful Hints

• Don’t assume joint title always means the survivor gets everything — courts sometimes find a joint account was only for convenience.
• If you’re a surviving joint owner, keep records showing you paid expenses or contributed funds — these can support your claim if contested.
• If you think you were added to an account just to help manage bills, and not to inherit, document any contemporaneous statements or agreements.
• Ask the bank whether the account is registered as “joint tenant with right of survivorship” or has a payable‑on‑death (POD) or transfer‑on‑death (TOD) designation. POD/TOD designations are strong evidence of a beneficiary designation that bypasses probate.
• If the decedent owned real estate with unclear title language, obtain a copy of the deed from the county register of deeds; the deed controls survivorship rights.
• Review Nebraska’s probate statutes to understand intestacy procedures: Nebraska Revised Statutes, Chapter 30.
• For small estates, check the Nebraska Judicial Branch probate resources for forms and thresholds: Nebraska Judicial Branch — Probate.
• When in doubt, consult a Nebraska attorney experienced in probate and estate disputes — early advice often avoids costly litigation.

If you want, provide basic facts about the account titling, the names on deeds, and whether the decedent left heirs; I can explain the likely next steps and what documents to gather before you talk to an attorney.