Detailed answer: what the law requires and practical steps

This answer assumes an estate is or should be administered in Nebraska and you want the court’s permission to sell estate property. Nebraska probate law is found in Chapter 30 of the Nebraska Revised Statutes. The court gives a personal representative authority to manage and sell estate assets, and the representative normally must obtain a court order or written authority under the probate rules before selling real property. You will need to follow the probate filing, notice, and hearing rules in Chapter 30 and the local county court rules.

1. Who must start the process?

If there is no personal representative (sometimes called executor if named in a will, or administrator if appointed by the court), someone with an interest in the estate should file a petition to open probate and ask the court to appoint a personal representative. Only a properly appointed personal representative has authority to ask the court to sell estate real property.

2. What petitions or filings are normally required?

Typical filings in Nebraska include:

• Petition to Open Estate and Petition for Letters (to appoint a personal representative) — starts supervised or unsupervised administration.
• Inventory and appraisals or certified valuations of estate assets (if required by the court).
• Petition to Sell Real Property (or Motion and Notice of Hearing) requesting the court’s approval to sell estate property; supporting documentation such as a proposed purchase agreement, appraisal, or statement of proposed sale price; and a proposed order for the judge to sign.
• Proof of service/notice to heirs, devisees, and other interested persons and creditors, as required by statute and local rules.

3. Notice and hearing

The court normally requires notice to interested persons and sets a hearing on the petition to sell. At the hearing, the judge decides if the sale is in the best interests of the estate. The judge may approve a private sale, require public sale/auction, or impose conditions (for example, minimum bid or court confirmation).

4. What if the clerk’s office refuses to explain filing requirements?

Clerks may explain how to file forms and provide public forms, but they cannot give legal advice. If a clerk will not help, you can:

1. Download and read the Nebraska probate statutes (Chapter 30) for the general law: Neb. Rev. Stat., Chapter 30 (Probate).
2. Check the Nebraska Judicial Branch or your county court website for local probate forms and instructions. The Nebraska Supreme Court site lists court forms and guidance: Nebraska Judicial Branch — Court Forms.
3. Obtain a probate packet or form set from the court’s website or in person. Many counties publish step-by-step probate filing packets for unrepresented parties.
4. Prepare a petition that requests appointment (if needed) and asks for authority to sell the property, attach a proposed order, and request a hearing date from the clerk (filing the petition sets the procedural clock).
5. Serve or mail the required notices to heirs and interested persons per the statutes and file proof of service with the court before the hearing.

5. Common hurdles and how to handle them

• If no personal representative is appointed: file a petition to appoint one so someone has legal authority to act.
• If heirs all agree to the sale and the estate qualifies as a small estate: consider whether collection under a small-claims or affidavit statute applies (these rules are statute-specific; check Chapter 30 and county rules).
• If there is disagreement among heirs: the court will resolve objections at the hearing; the judge may order sale over objection if it benefits the estate.
• If you need to sell quickly for safety or to prevent waste: ask the court for an emergency or interim order (show immediate need, e.g., taxes, mortgage, maintenance, hazard).

6. After the court authorizes the sale

Follow the court’s order exactly. You may need court confirmation of sale and authority to distribute proceeds. Record any signed order required to transfer title and properly close the estate by filing final accountings as required by Chapter 30.

7. Statute references

The Nebraska probate statutes govern appointment, notice, administration, and the sale of estate property. See Neb. Rev. Stat., Chapter 30: https://nebraskalegislature.gov/laws/statutes.php?chapter=30. Consult the statutes and local county court rules for details about notices, hearings, and required filings.

8. When to hire an attorney

Hire a Nebraska probate attorney if:

• The estate has significant real property or liabilities;
• Heirs dispute the sale or ownership or there are competing claims; or
• You face complex tax, title, or creditor issues or need immediate relief.

An attorney can prepare the petition, handle notice and service, represent you at the hearing, and prepare closing documents that comply with Nebraska law.

9. Practical hypothetical example

Hypothetical facts: John died owning a house in Lincoln, Nebraska. No personal representative was appointed. Jane, a daughter and sole heir, wants to sell to pay the mortgage. She should:

1. File a petition to open probate and request appointment as administrator (or ask someone named in the will to be appointed executor).
2. Once appointed and issued letters, file a petition to sell the house with the court, attach the proposed purchase agreement and an appraisal, and ask the court for a hearing.
3. Provide notice to heirs and interested persons and file proof of service.
4. Attend the hearing; if the judge approves, follow the court’s order to sell and distribute proceeds.

What clerks can and cannot do

• Can: provide filing forms, tell you filing fees, accept filings, tell you when hearings are available, explain where documents are in the court record, and provide copies of statutes and rules.
• Cannot: give legal advice, draft legal strategy, recommend how to present your case at hearing, or interpret law for your specific facts.

When the clerk won’t explain — immediate steps

1. Ask for the court’s probate packet or the web address for probate forms.
2. Search the Nebraska Legislature site for Chapter 30: Neb. Rev. Stat., Chapter 30.
3. Call or email the local county court; some counties have a self-help coordinator or online guide.
4. Contact the Nebraska State Bar Association lawyer referral or a legal aid office for low-cost help.