Disclaimer: This article is for informational purposes only and does not constitute legal advice.
Detailed Answer
When a person dies without a valid will in Nebraska (intestate), interested parties must apply for letters of administration to manage and distribute the estate. Nebraska’s Probate Code sets specific documentation requirements under Neb. Rev. Stat. § 30-2401 et seq.
- Verified Petition for Letters of Administration: File a signed and verified petition in the county probate court where the decedent resided. The petition must include the decedent’s full name, date of death, last residence, a statement that no will exists, and the names, relationships, and addresses of all heirs. (Neb. Rev. Stat. § 30-2401.)
- Certified Copy of the Death Certificate: Attach an official death certificate issued by the county vital records office. This document proves the date and cause of death. (Neb. Rev. Stat. § 30-2415.)
- Oath of Personal Representative: The proposed administrator must swear an oath to faithfully perform duties. Courts often provide a standard form. (Neb. Rev. Stat. § 30-2408.)
- Bond and Sureties: Unless waived by the court, the administrator must file a bond in an amount set by the judge, along with written consent from approved sureties. (Neb. Rev. Stat. § 30-2423.)
- List of Known Heirs and Creditors: Provide a sworn list of all known heirs with contact information and a statement of any known funeral or administrative expenses.
- Standard Probate Forms: Use Nebraska Judicial Branch or county court–approved forms. Courts refer to standardized documents under Neb. Rev. Stat. § 30-2310. (Neb. Rev. Stat. § 30-2310.)
After filing, the court clerk schedules a hearing. Once the judge signs the order, the clerk issues letters of administration, granting authority to manage estate assets, pay debts, and distribute property according to Nebraska intestacy laws.
Helpful Hints
- Verify specific form requirements with the local county probate court clerk.
- Order multiple certified death certificates; financial institutions and title companies often require originals.
- Confirm bond amount with the court before securing sureties to avoid delays.
- Use fillable probate packets from the Nebraska Judicial Branch website for accuracy.
- Consider consulting a Nebraska probate attorney to review your application and ensure compliance.