Disclaimer: This article is for educational purposes and not legal advice. For advice specific to your circumstances, consult a qualified attorney.
Detailed Answer
When someone dies without a will in Nebraska, they die intestate. The court must appoint an administrator to manage the estate and distribute assets according to state law. The process generally includes these steps:
1. Petition for Administration
An interested person—often a close relative—files a Petition for Letters of Administration in the county court where the decedent lived. The petition must state the decedent’s name, date of death, that no will exists, and list all known heirs.
2. Priority of Appointment
Nebraska law establishes a preferred order of individuals eligible to serve as administrator. See Neb. Rev. Stat. §30-2416. The priority is:
- Surviving spouse or child
- Decedent’s other children or their descendants
- Decedent’s parents
- Decedent’s siblings or their descendants
- Other heirs at law
If multiple persons share the same priority level, the court evaluates factors like relationship, availability, and suitability before appointing one.
3. Notice to Creditors and Bond
After filing, the petitioner must publish a notice to creditors and notify known heirs. The court typically requires the administrator to post a surety bond, per Neb. Rev. Stat. §30-2412, to protect the estate from financial loss.
4. Court Hearing and Issuance of Letters
The court conducts a hearing to review the petition, bond, and any objections. If everything complies with Nebraska’s Probate Code, the court issues Letters of Administration naming the administrator.
5. Duties of the Administrator
An appointed administrator must:
- Inventory and appraise estate assets
- Notify creditors and pay valid claims
- File required tax returns
- Distribute remaining assets according to Nebraska’s intestacy rules (Neb. Rev. Stat. §30-2401)
- File a final report with the court
Helpful Hints
- Gather basic information on all potential heirs before filing.
- Consult a probate clerk for local court rules and filing fees.
- Obtain professional appraisals for real estate and high-value personal property.
- Keep detailed records of notices, expenses, and distributions.
- Secure estate assets (e.g., locks on real property) to prevent loss or damage.
- Meet all statutory deadlines to avoid delays or removal.