Detailed Answer

If a sibling died while domiciled in Nebraska, the Nebraska county court in the county where your sibling lived when they died has authority to open a probate estate. Living out of state does not prevent you from starting probate or from serving as the personal representative (executor or administrator), but the court will have specific procedural requirements you must follow.

1. Where to file

File the probate petition in the county court of the county where the decedent was domiciled immediately before death. Nebraska county courts handle probate matters; find county court contact and local rules through the Nebraska Judicial Branch: https://supremecourt.nebraska.gov/courts/county-courts.

2. Decide whether full probate is needed

Not every estate requires full administration. Nebraska law provides summary or simplified procedures for some smaller or asset-specific situations. Check the Nebraska probate statutes (Title 30) and the court’s self-help resources to see if a simplified process applies: Neb. Rev. Stat., Title 30 (Probate) and Nebraska Judicial Branch — Probate Self-Help.

3. Typical documents and steps to open probate

• Obtain the certified death certificate.
• Locate the original will (if any). The original will should be filed with the court when you file the petition.
• Prepare and file a Petition for Probate / Petition for Appointment of Personal Representative with the county court where the decedent was domiciled.
• Attach required documents: the original will (if any), a copy of the death certificate, a list of heirs or beneficiaries, and any consent or renunciation forms if other heirs give up priority.
• Pay the court filing fee (amounts and fee waivers vary by county).
• The court may require a bond for the personal representative unless the will waives bond or the court dispenses with it.
• After filing, the court typically issues Letters Testamentary (if there is a will and an executor) or Letters of Administration (if intestate or administrator appointed), which allow you to collect and manage estate assets.

4. Out-of-state personal representatives

Most Nebraska courts will allow a nonresident to serve as personal representative. Practical requirements often include:

• Filing the same petition and supporting documents as a resident would.
• Signing an oath and possibly submitting to service of process in Nebraska; in some cases courts ask nonresidents to appoint a local agent for service or to provide additional contact information.
• Posting a bond if required and not waived by the will or the court.

Procedures vary by county. If you cannot appear in person, many courts allow an attorney to appear on your behalf and handle filings; attorneys can also help obtain bond waivers or fulfill other local requirements.

5. Notice, creditor claims, inventory, and distribution

After appointment, the personal representative must follow steps the court requires, commonly including:

• Publication and/or direct notice to heirs and creditors. Nebraska law requires notice so creditors have an opportunity to file claims.
• Preparing and filing an inventory or account of estate assets and later filing a final accounting showing payment of debts and proposed distributions.
• Paying valid debts, taxes, and expenses before distributing assets to heirs or beneficiaries.

6. Timeframe and practical tips

Probate timing depends on estate complexity. Small or uncontested estates might be resolved in a few months. More complicated or contested estates often take 9–18 months or longer. Plan for time to obtain certified copies of the death certificate, locate assets, and handle creditor claims.

7. When to hire a Nebraska attorney

If this is your first time managing probate in Nebraska, you live out of state, the estate includes real property in Nebraska, or there are potential disputes among heirs or creditors, hiring a Nebraska probate attorney is advisable. An attorney can file the petition, accept service for you, appear at hearings, and meet local court requirements.

Hypothetical example

Suppose your sibling lived and died in Lincoln, Nebraska, owning a house and bank accounts. You live in another state and are named as executor in their will. You would:

1. Obtain the certified death certificate and the original will.
2. Contact the Lancaster County Court (or hire a Nebraska attorney) and prepare a petition to admit the will and appoint you as personal representative.
3. File the petition with the county court, pay fees, and provide any required bond or waiver.
4. Receive Letters Testamentary from the court, then use those letters to collect bank assets, begin selling or managing the Nebraska property (subject to court and statutory duties), give notice to creditors and heirs, and eventually distribute the estate according to the will after paying debts and taxes.

Helpful Hints

• Start by obtaining several certified copies of the death certificate—banks and title companies almost always require originals.
• Locate the original will quickly. The original often must be filed to start probate; photocopies are not sufficient in most cases.
• Contact the county court clerk where the decedent lived to confirm local forms, fee amounts, and whether the county accepts e-filings or remote appearances: County courts (Nebraska Judicial Branch).
• If you are named as personal representative but live out of state, consider hiring local counsel to handle filings and court appearances—this speeds the process and avoids travel.
• Keep detailed records of all estate transactions; the court will expect accurate accounting and receipts when you close the estate.
• Do not distribute assets until the court approves final accounting or until the statutory creditor period has passed; premature distribution can create personal liability.
• Ask the court or an attorney whether a simplified small-estate procedure applies before filing for full probate. See Nebraska statutes (Title 30) for governing law: https://nebraskalegislature.gov/laws/statutes.php?title=30.