Disclaimer: This article is for general informational purposes only and does not constitute legal advice.
Detailed Answer
In Nebraska, an estate administrator (also called a personal representative) must collect assets, pay debts and taxes, then distribute the remaining property to beneficiaries under a will or Nebraska’s intestacy laws (see Neb. Rev. Stat. §30-248). If you are entitled to an inheritance but the administrator delays payment, you have several options.
1. Demand a Final Accounting
Nebraska probate rules require the personal representative to file a final account with the court. You can formally request this account. If the administrator refuses, you can file a motion under Neb. Rev. Stat. §30-246 to compel an accounting and request a hearing.
2. File an Objection or Petition to Compel Distribution
If the administrator has filed an account but will not distribute your share, you can object or file a petition asking the court for an order requiring immediate distribution. Reference the court’s authority under §30-248, which permits distribution once creditors settle or six months after appointment if no objections arise.
3. Seek Removal for Misconduct
If an administrator acts improperly—such as withholding assets without valid reason—you may petition for removal under Neb. Rev. Stat. §30-246. The court can then appoint a successor and order distribution.
4. Obtain a Show Cause Order
You can ask the court to issue a show cause order compelling the administrator to appear and explain the delay. Failure to comply can result in sanctions, including court-ordered payments or personal liability for the administrator.
5. Consider Alternative Dispute Resolution
Mediation with other interested parties may resolve disputes faster and at lower cost than formal court proceedings.
Helpful Hints
- Check the probate docket online or at the county clerk’s office to track filings and deadlines.
- Send a written demand letter to the administrator before filing court papers to demonstrate good faith.
- Gather copies of the will, letters testamentary and any prior accountings.
- Remember the six-month timeline for automatic distribution if no objections arise (§30-248).
- Consult a probate attorney early to understand your rights and procedural requirements.