Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult an attorney for advice on your specific situation.
Detailed Answer
If your father died without a valid will in Nebraska, the Nebraska Probate Code directs how to distribute his estate. Nebraska’s intestate succession rules appear in Neb. Rev. Stat. §§ 30-2201 to 30-2206. You must identify all surviving relatives in order of priority. Below is a step-by-step overview:
1. Spouse and Descendants
The surviving spouse and children have top priority. Under Neb. Rev. Stat. § 30-2205, the spouse receives a defined share. The remaining assets pass to the decedent’s children per stirpes under Neb. Rev. Stat. § 30-2201. Adopted children inherit as if biological. Stepchildren inherit only if legally adopted.
2. Parents
If there is no surviving spouse or children, the estate goes equally to the decedent’s parents under Neb. Rev. Stat. § 30-2202.
3. Siblings and Their Descendants
Absent spouse, descendants, or parents, siblings inherit equally. If a sibling predeceased the decedent, that sibling’s children inherit per stirpes under Neb. Rev. Stat. § 30-2203.
4. Grandparents and Extended Family
If no siblings or nieces and nephews survive, grandparents inherit under Neb. Rev. Stat. § 30-2204. If there are no grandparents or their descendants, the estate escheats to the State of Nebraska per Neb. Rev. Stat. § 30-2206.
Steps to Determine Intestate Heirs
- Gather vital records: birth, marriage, death, and adoption certificates for each relative.
- Create a family tree showing relationships in descending order.
- Verify legal relationships: only biological or legally adopted children and spouses count.
- Contact the county probate court to review existing filings and heirship petitions.
- Consider requesting a formal heirship determination if relationships are unclear or disputed.
Helpful Hints
- Document every relative’s connection to your father with certificates or court orders.
- Remember that descendants of predeceased heirs inherit in their ancestor’s place (per stirpes).
- Exclude non-adopted stepchildren; include legally adopted children.
- Confirm spousal status by reviewing marriage and divorce records.
- For complex estates, work with a probate attorney or genealogist to avoid mistakes.