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Detailed answer — what to know and do first

When a person or representative files a probate petition asking the court to authorize possession or control of estate property, anyone with an interest in the estate can often contest that petition. Follow these steps to preserve your rights and create a defensible position:

1. Confirm you were properly notified. Nebraska probate rules require notice to interested persons. If you did not receive proper notice, the court may lack authority to act. Check the petition and the certificate of service. For general probate rules and notice requirements, see Nebraska’s Probate Code (Chapter 30): https://nebraskalegislature.gov/laws/statutes.php?chapter=30.
2. Identify your legal standing and interest. Typical interested persons include heirs, beneficiaries under a will, devisees, creditors, and named personal representatives. If you have no legal interest, the court may dismiss your objections for lack of standing; conversely, if you are an interested person, you can object or file a competing claim.
3. File a timely objection or answer. Probate practice usually requires that you respond in a short time after notice. If an objection is not filed within the court’s deadline, you may lose certain rights. Ask the clerk or the court’s local rules for the deadline and the proper form for an objection or answer. If needed, file a motion for more time to respond.
4. Assert clear legal grounds to challenge the petition. Common grounds include:
   • Improper or insufficient notice to interested persons;
   • Lack of probate court jurisdiction over the property or the person asking for possession;
   • The property is not part of the decedent’s probate estate (for example, jointly owned property, assets with beneficiary designations, or assets held in trust);
   • Fraud, forgery, undue influence, or an invalid will or appointment of a personal representative;
   • The petitioner fails to state a legal basis for possession (no right to possession shown) or the petition lacks required supporting documentation (e.g., letters testamentary or letters of administration);
   • Conflict with a prior court order or an ongoing litigation matter.
5. Move to dismiss when appropriate. If the petition fails to state a valid claim, the court lacks jurisdiction, or the petitioner lacks standing, you can ask the court to dismiss the petition. A motion to dismiss should explain the legal and factual basis for dismissal and cite applicable rules or statutory provisions. Where dismissal is procedural, cite the local probate rules and applicable Nebraska statutes (see Chapter 30).
6. Seek interim protection if property is at risk. If the petitioner already has or plans to take control of property and that creates a risk of loss or waste, ask the court for temporary relief: an order prohibiting transfer, a turnover stay, or an accounting. Emergency orders can be appropriate if there is imminent danger of dissipation.
7. Use discovery to build your case. Request records: title documents, bank and account statements, communications about the decedent’s intent, estate inventories, and any documents the petitioner relied on. Discovery can reveal defective paperwork, improper transfers, or misstatements by the petitioner.
8. Consider alternative dispute resolution. Mediation or negotiated settlement can resolve disputes faster and cheaper than contested hearings. Courts often encourage or refer probate disputes to mediation.
9. Prepare for hearing — evidence and witnesses. At a contested hearing, the court will weigh testimony and documents. Prepare clear proof of your claims: deeds, beneficiary forms, wills, affidavits, and witness testimony. If you question a will’s validity, expert or lay testimony about the decedent’s mental state or undue influence may be needed.
10. Consider appeal and next steps. If the court rules against you, you may have the right to appeal to a higher court. Appealable orders and deadlines vary; consult rules or an attorney quickly to preserve appeal rights.

For the text and structure of Nebraska’s probate statutes, see Chapter 30 of the Nebraska Revised Statutes: https://nebraskalegislature.gov/laws/statutes.php?chapter=30.

Common defenses and legal theories used in Nebraska probate contests

• Nonprobate asset claim: The asset is outside probate (e.g., joint tenancy with right of survivorship, life insurance or retirement account with a named beneficiary, or trust property).
• Insufficient authority: The petitioner lacks letters testamentary or letters of administration, or those letters are limited and do not authorize the requested control.
• Procedural defects: Improper filing, lack of required notices, or failure to follow statutory inventory/accounting requirements.
• Substantive challenge: Will invalidity, undue influence, fraud, or misrepresentation affecting the claimed right to possess property.
• Equitable defenses: Laches (unreasonable delay), estoppel, or unclean hands if the petitioner engaged in wrongful conduct.

Practical timeline and immediate actions

1. Read the petition and any attachments immediately.
2. Note the response deadline and file an objection or answer before it expires. If you cannot meet the deadline, file a motion for extension right away.
3. Preserve evidence: do not transfer or destroy documents or property.
4. Request that the court set a protective order or temporary injunction if the estate is at risk.
5. Begin collecting records and witness information for discovery.

Helpful hints — to guide your next steps

• Ask the probate clerk for local filing procedures and any required forms; each county may have small differences in practice.
• Gather proof of ownership (deeds, account statements, beneficiary designations) immediately.
• Keep careful notes of who told you what and when — affidavits from witnesses can help later.
• If the petitioner claims a right based on a will or appointment, obtain a certified copy of the document from the court file.
• Do not agree to transfer or distribution of property without a court order or written settlement protecting your rights.
• Consider mediation early — it often reduces lawyer fees and speeds resolution.
• If money is limited, many Nebraska counties have self-help resources or can point to free or low-cost legal services for qualifying individuals.
• When in doubt about deadlines, file a short, protective objection stating you object and need time to investigate — this preserves rights while you gather facts.