Detailed Answer
When a personal representative sells a decedent’s real property in Nebraska, the court must approve the sale and heirs must sign specific forms to direct distribution of the net proceeds. Below is an overview of the primary authorization documents under Nebraska law.
- Order to Sell Real Estate: Before marketing or closing on the property, the personal representative files a petition requesting authority to sell under Neb. Rev. Stat. § 30-2476. The court issues an Order of Sale, which the representative must present to the closing agent.
- Petition for Final Settlement and Order for Distribution: After closing, the personal representative petitions for final settlement and distribution under Neb. Rev. Stat. § 30-2482. The court reviews accounting, creditors’ claims and then issues an Order for Distribution specifying each heir’s share.
- Receipt and Release by Heirs: To receive their portion, each heir signs a statutory Receipt and Release acknowledging the amount distributed and releasing the personal representative from further liability. Nebraska courts often use Standard Probate Form 18 under Neb. Rev. Stat. § 30-2488. This form confirms the heir has been paid in full and indemnifies the representative.
- Consent to Immediate Distribution (if all heirs agree): Instead of a formal final settlement, heirs may opt to bypass additional court proceedings by executing a written Consent to Immediate Distribution under Neb. Rev. Stat. § 30-2489. This document directs the representative to distribute net sale proceeds immediately according to each heir’s statutory share.
Note: Some counties require an Affidavit of Heirship or local distribution cover sheet. Always verify specific requirements with the county probate clerk’s office before submitting forms.
Helpful Hints
- Confirm accepted probate forms on the Nebraska Judicial Branch website or county court site.
- Gather each heir’s full legal name, address and tax ID to avoid delays in wire or check issuance.
- Retain copies of all signed receipts and releases; courts recommend keeping records for at least six years.
- If heirs disagree on distribution or if the estate involves complex assets, consider consulting a probate attorney.
- Double-check lien or mortgage payoffs before final distribution to prevent unexpected claims.