Disclaimer: This article does not constitute legal advice. Please consult a licensed attorney in Nebraska for guidance specific to your situation.
Detailed Answer
Under Nebraska law, only a personal representative can file a wrongful death lawsuit on behalf of a deceased person. Neb. Rev. Stat. § 30-811 states, “Actions shall be brought by and in the name of the personal representative of such deceased person.” To become a personal representative, you must open a probate estate with the county court. This process involves filing a petition, providing notice to heirs and interested parties, and obtaining Letters of Administration or Letters Testamentary.
Here’s how it works:
- Filing a petition: You submit an application to the county court in the county where the decedent lived. Include the decedent’s death certificate, a proposed will (if any), and a list of heirs. See Neb. Rev. Stat. § 30-24,118 (https://nebraskalegislature.gov/laws/statutes.php?statute=30-24,118).
- Appointment: The court issues Letters of Administration for intestate estates or Letters Testamentary if there’s a valid will. These letters authorize you to act on behalf of the estate.
- Bringing the lawsuit: Once appointed, you file the wrongful death complaint in the district court. You act as the named plaintiff in your capacity as personal representative.
Even if the estate has minimal assets, you still need a personal representative. Nebraska does not exempt wrongful death claims from probate requirements. While Nebraska offers a small-estate affidavit (Neb. Rev. Stat. § 30-24,140) for transferring personal property under $50,000, it does not grant authority to file wrongful death actions.
Helpful Hints
- Identify all potential heirs before filing to avoid delays in issuing Letters.
- Gather the decedent’s financial records and asset list early to complete the probate petition.
- Consider hiring a probate attorney to handle court filings and notices.
- Track deadlines: You generally have two years from the date of death to file a wrongful death action (Neb. Rev. Stat. § 30-810, https://nebraskalegislature.gov/laws/statutes.php?statute=30-810).
- Understand bond requirements: The court may require a probate bond to protect the estate’s assets during administration.
- Keep detailed records of all estate expenses and distributions to support your claim for costs and fees.