Disclaimer: This article is for general information only and does not constitute legal advice. Consult a licensed attorney for guidance on your specific situation.
Detailed Answer
Under Nebraska law, probate opens when someone files a petition with the county court in the decedent’s last residence. Probate case records are public. You can confirm whether a probate estate exists by checking the following sources:
- County Court Clerk’s Office: Identify the county where the decedent lived when they died. Visit or call that county’s District Court Clerk. Ask if a probate case has been filed under the decedent’s name. Clerks maintain dockets and can search by name or case number.
- Online Case Lookup: Nebraska’s Judicial Branch offers an online case search portal. Go to Nebraska Online Case Search. Enter the decedent’s full name to see docket entries and case status.
- Notice Publications: Nebraska law requires public notice of probate petitions. Check local newspapers in the decedent’s county or search their online archives. These notices list the case number, court, and filing date per Neb. Rev. Stat. § 30-2201 et seq. (link).
- Informal vs. Formal Administration: Probate in Nebraska can be informal or formal. If the court accepted an informal petition, it appears on the docket under Neb. Rev. Stat. § 30-2602 (link). Formal proceedings show under Neb. Rev. Stat. § 30-2402 (link).
- Attorney or Personal Representative: If you know the person who filed the petition, you may ask them for the case number or a copy of the filing.
Helpful Hints
- Gather the decedent’s full legal name and date of death before searching records.
- Contact the court clerk early in the day to avoid peak-hours delays.
- Use exact spelling and include middle initials in online searches.
- If the decedent owned property, check the county assessor’s office for transfer records.
- Keep notes on case numbers, filing dates, and clerk names for future reference.