Detailed Answer
1. Defining Real and Personal Property under Nebraska Law
In Nebraska, “real property” means land and anything permanently attached to it, such as buildings or fixtures. “Personal property” covers all other assets, including bank accounts, vehicles, jewelry, and household goods. These definitions appear throughout Nebraska’s Probate Code (see Neb. Rev. Stat. §30-2201).
2. Identifying and Inventorying Assets
After someone dies intestate (without a valid will), the court appoints a personal representative. Within 60 days of appointment, the representative must collect all the decedent’s assets, prepare a detailed inventory, and file it with the county court clerk. That inventory must list each asset, its classification (real or personal), and a good-faith value estimate. (See Neb. Rev. Stat. §30-2465.)
3. Distributing Assets under Nebraska’s Intestacy Rules
Nebraska’s intestate succession laws determine who inherits when no will exists. The estate must first pay valid debts and administrative expenses before distribution.
Spouse and Lineal Descendants
If the decedent leaves a surviving spouse plus one or more lineal descendants (all of whom are also descendants of the spouse), the spouse is entitled to the first $100,000 of the gross estate and one-half of the remaining balance. The descendants share the other half by representation. (Neb. Rev. Stat. §30-2202.)
Spouse Only
If the decedent leaves a spouse but no descendants or parents, the spouse inherits the entire intestate estate. (Neb. Rev. Stat. §30-2202.)
No Spouse but Descendants
If there is no surviving spouse, the entire estate passes to the decedent’s lineal descendants by representation (children, grandchildren, etc.). (Neb. Rev. Stat. §30-2203.)
No Spouse or Descendants
If neither a spouse nor descendants survive, the estate goes next to parents, then siblings, and then more distant relatives (grandparents, aunts and uncles, cousins) under Neb. Rev. Stat. §30-2204. If no heirs are found, the estate escheats to the State of Nebraska.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Always consult a qualified attorney for guidance on your specific situation.
Helpful Hints
- Begin compiling an asset list early: bank statements, deeds, titles, and account statements help streamline the inventory.
- Obtain professional appraisals for real estate and valuable personal property to support the court inventory.
- Keep detailed records of estate expenses—these reduce the distributable estate and affect heir shares.
- Review Nebraska’s Probate Code or consult an attorney to confirm statutory dollar thresholds change over time.
- Consider mediation if multiple heirs dispute asset valuations or distribution shares.