Disclaimer: This article provides general information about Nebraska probate law. It does not constitute legal advice. For specific guidance, consult a licensed attorney.
Detailed Answer
When a person dies without a valid will (intestate) in Nebraska, you must apply for letters of administration to appoint a personal representative to manage the estate. Nebraska courts refer to these appointments under Neb. Rev. Stat. §§ 30-2488 to 30-2493 (Article 24).
1. Determine the Proper County
File your petition in the county where the decedent was domiciled at death. See Neb. Rev. Stat. § 30-2402 (link).
2. Prepare and File the Petition
Complete the Petition for Letters of Administration (Probate Form 1). Include:
- Certified death certificate
- Names, addresses and relationships of all heirs
- Estimated value of the estate
File the petition with the county court clerk and pay the required filing fee.
3. Give Notice to Creditors and Interested Parties
Within 30 days after the petition, publish a Notice of Probate and Notice to Creditors (Probate Form 2). Send notice directly to known creditors and heirs. See Neb. Rev. Stat. § 30-2473 (link).
4. Post a Bond
The court usually requires a personal representative bond. Complete the Personal Representative Bond (Probate Form 26). Nebraska law sets bond requirements in Neb. Rev. Stat. § 30-2494 (link).
5. Attend the Hearing and Receive Letters
After notice and bond, the court schedules a hearing. If no objections appear, the judge signs the Letters of Administration (Probate Form 27) and the Oath of Personal Representative (Probate Form 25). The clerk issues the official letters, authorizing you to collect assets, pay debts, and distribute the estate.
Required Probate Forms
- Probate Form 1: Petition for Letters of Administration
- Probate Form 2: Notice of Probate and Notice to Creditors
- Probate Form 4: Affidavit of Service of Notice
- Probate Form 8: Entry of Appearance (if represented)
- Probate Form 25: Oath of Personal Representative
- Probate Form 26: Personal Representative Bond
- Probate Form 27: Letters of Administration
All forms are available from the Nebraska Supreme Court’s probate forms page: https://supremecourt.nebraska.gov/judges/court-forms/probate.
Helpful Hints
- Confirm the decedent’s county of residence before filing.
- Obtain multiple copies of the death certificate early.
- Identify and notify all potential heirs promptly.
- Estimate estate value accurately for bond and costs.
- Meet all publication and service deadlines to avoid delays.
- Keep a record of all notices and bond transactions.
- Consider consulting a probate attorney for complex estates.