Detailed Answer
When a person dies owning assets in multiple counties or jurisdictions, you must ensure proper probate or ancillary administration under Nebraska law. Generally, you open probate in the county where the decedent was domiciled at death. Neb. Rev. Stat. § 30-2401 grants county courts jurisdiction over probate matters.
To handle assets located in other Nebraska counties, use the transfer-for-informal-probate procedure. Under Neb. Rev. Stat. § 30-2403, you can transfer authority from the domicile county to the county where specific assets lie. You’ll file a certified copy of letters, an inventory, and ask the court to reissue letters in the new county. The successor personal representative then administers local assets without opening a separate estate file.
For assets in another state, open ancillary administration in that jurisdiction. Typically, you submit certified copies of the will and letters testamentary or of administration, post any required bond, and comply with local court rules. Ancillary administration lets you legally transfer out-of-state property according to the Nebraska probate authorization.
Key Steps to Follow
- Confirm the decedent’s domicile and open primary probate under Neb. Rev. Stat. § 30-2401.
- List all assets by type and location.
- Request a transfer for informal probate to handle additional Nebraska counties (§ 30-2403).
- For out-of-state holdings, secure ancillary letters in each foreign jurisdiction.
- Work with attorneys licensed in each county or state to meet local requirements.
Relevant Nebraska Statutes
- Neb. Rev. Stat. § 30-2401 – Jurisdiction of county court
- Neb. Rev. Stat. § 30-2403 – Transfer for informal probate
- Neb. Rev. Stat. § 30-2601 – Ancillary administration provisions
Example Scenario
Mary Johnson lived in Douglas County and owned a home there. She also held farmland in Dawson County and a brokerage account in Iowa. Her personal representative opened informal probate in Douglas County, then transferred probate authority to Dawson County for the farmland under § 30-2403. For the Iowa account, the representative obtained ancillary letters in Iowa and satisfied its bond requirements.
Helpful Hints
- Start with a detailed asset inventory and location list.
- Obtain certified copies of all court orders and letters.
- Review bond requirements in each jurisdiction early to avoid delays.
- Keep clear records of all filings, transfers, and communications.
- Consult local counsel for complex assets or unfamiliar jurisdictions.
Disclaimer: This article provides general information about Nebraska estate administration. It does not constitute legal advice. For guidance on your situation, consult a licensed attorney in Nebraska or the relevant jurisdiction.