Detailed Answer
When a person dies without any existing probate case in Nebraska, you must open an estate administration proceeding through your county court. Nebraska’s probate process follows the Uniform Probate Code in chapters 30-2201 through 30-2488 of the Nebraska Revised Statutes. Below are the key steps to start administration:
1. Determine If a Will Exists
First, check whether the decedent left a valid will. If you find a will, file it with your county court. If no will exists, the estate is intestate, and state law dictates inheritance by heirs under Neb. Rev. Stat. § 30-2201.
2. Prepare and File a Petition for Administration
File a petition for administration in the county court where the decedent lived. The petition must list:
- Decedent’s name, date of death and residence.
- Names and addresses of heirs or beneficiaries.
- Approximate value and description of estate assets.
- Proposed personal representative (executor or administrator).
See filing requirements at Neb. Rev. Stat. § 30-2203.
3. Provide Notice to Heirs and Creditors
After the petition, the court issues a Notice of Probate. You must mail this notice to all known heirs and publish it in a local newspaper. Creditors have at least three months to file claims under Neb. Rev. Stat. § 30-2488.
4. Appointment of Personal Representative
At the hearing, the court appoints a personal representative (administrator/executor). Before issuing letters, the representative typically posts a bond to protect the estate.
5. Obtain Letters of Administration
Once appointed, the court issues letters of administration. These documents authorize the representative to collect assets, pay debts and distribute the estate.
6. Inventory, Appraisal and Small-Estate Procedures
The personal representative must file an inventory and appraisal within 60 days of appointment. If the total estate (excluding homestead) does not exceed $50,000, you may use the small-estate affidavit procedure under Neb. Rev. Stat. § 30-2445.
7. Administer the Estate
The representative collects and safeguards assets, pays valid debts and taxes, and resolves estate matters. Keep detailed records of all transactions.
8. Final Account and Distribution
Once debts and taxes are paid, file a final accounting with the court. After approval, the court discharges the personal representative, and you distribute remaining assets to heirs per Nebraska law.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified Nebraska attorney to understand how these steps apply to your situation.
Helpful Hints
- Locate the long-form death certificate before filing.
- Review bank and investment accounts for payable-on-death designations.
- Identify all potential heirs and beneficiaries early.
- Maintain clear, dated records of communications, notices and court filings.
- Consistently track deadlines for creditor claims and filings.
- Consider consulting an attorney if real property or complex assets are involved.
- Use small-estate affidavits for estates under $50,000 to save time and costs.
- Keep family members informed to reduce disputes.