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Detailed Answer

1. Understanding Probate and the Original Will

When a person dies, the county court in Nebraska oversees administration of the estate under the Nebraska Uniform Probate Code. The original will is the key document that directs asset distribution. The court must review and admit this document before the executor carries out the decedent’s wishes.

2. Locating the Original Will

Start by contacting the decedent’s attorney, bank safe deposit box, or wherever they stored important papers. Search home file cabinets, personal safes, digital records, and with close family members. A thorough search helps avoid delays and extra court hearings.

3. Filing the Original Will with the Court

Under Nebraska law, the person in possession of the original must deposit it with the county court clerk within 30 days after learning of the decedent’s death. See Neb. Rev. Stat. § 30-2314. You will need to complete a probate petition, attach the will, and pay the required filing fee. Late filings may require a court order or additional fees.

4. If the Original Will Is Missing

If you cannot find the original, you may petition the court to admit a certified or exemplified copy. Nebraska’s statutes allow admission of a copy when the original cannot be located if you provide clear and convincing evidence of its authenticity. See Neb. Rev. Stat. § 30-2309.

5. Steps to Complete the Submission

1. Prepare and sign the probate petition and notice-of-hearing forms.
2. Attach the original will or certified copy and any affidavits regarding authenticity.
3. File all documents with the county court clerk and pay the filing fee.
4. Serve notice to beneficiaries, heirs, and interested parties according to court rules.
5. Attend the court hearing if the judge schedules one to admit the will.

Disclaimer

This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance specific to your situation.

Helpful Hints

• Begin searching for the will as soon as possible to meet the 30-day deadline.
• Keep detailed records of where you looked and who you contacted.
• Verify current filing fees with your county court clerk.
• If the will is missing, gather witness affidavits or copies from the original attorney’s file.
• Consider consulting a probate attorney for complex estates or contested wills.