Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney for advice tailored to your situation.
Detailed Answer: Listing Personal Property for Year’s Allowance in Nebraska
Under Nebraska law, a surviving spouse and minor children can claim a year’s allowance out of the decedent’s personal property. This allowance provides basic support for one year following the decedent’s death.
The year’s allowance may include household furniture and furnishings, one motor vehicle, appliances, and other personal property deemed necessary by the court. The total value of all items set aside cannot exceed $15,000 in the aggregate. See Neb. Rev. Stat. § 30-2325.
To request a year’s allowance, the claimant must file a petition in the probate court overseeing the estate. That petition must list each item of personal property requested and include an estimated value. The court will review your list and either approve distribution in kind or order the sale of other estate assets to satisfy the allowance value.
Listing personal property is mandatory. If you omit an item from your petition, you generally cannot later claim it as part of the year’s allowance. To identify all available assets, review the estate inventory prepared by the personal representative under Neb. Rev. Stat. § 30-2373.
File your petition promptly—typically within four months after the personal representative’s appointment. The court may schedule a hearing where beneficiaries or creditors can object to your requested items. After court approval, the personal representative must set aside the listed items for your use. If necessary, the court can authorize sale of other personal property to raise cash up to the allowance limit.
Helpful Hints
- Review the personal representative’s inventory to confirm what property is available.
- List only the items you truly need for one year of support.
- Provide realistic values; the court may question inflated estimates.
- Submit your petition early—missing the deadline may forfeit your allowance.
- Communicate with the personal representative to clarify asset status.
- Keep copies of all filings and court orders in your records.