Understanding Intestacy in Nebraska When No Valid Will Exists

Intestate succession occurs when a decedent dies without a valid will. Intestacy rules dictate how the decedent’s assets distribute to heirs under Nebraska law. This is not legal advice.

Detailed Answer

When no valid will is found, the estate is considered intestate. The Nebraska Probate Code governs distribution through a strict hierarchy of heirs, as outlined below:

1. Surviving Spouse and Descendants

Neb. Rev. Stat. §30-2202 sets the share of a surviving spouse:

• If the decedent has no surviving descendants, the spouse receives the entire estate.
• If the decedent has surviving descendants all of whom are children of the surviving spouse, the spouse receives the entire estate.
• If the decedent has surviving descendants not all of whom are children of the surviving spouse, the spouse receives the first $250,000 plus one-half of the balance; the descendants share the remainder equally.

Neb. Rev. Stat. §30-2202

2. Surviving Descendants Without Spouse

If there is no surviving spouse, all assets pass to descendants per stirpes under Neb. Rev. Stat. §30-2203.

3. Parents, Siblings, and Further Kin

In the absence of spouse and descendants:

• Parents inherit equally. If only one parent survives, that parent receives the entire estate. (§30-2204)
• If no parents, assets pass to siblings and their descendants (§30-2204).
• If no siblings, the estate moves to grandparents and their descendants (§30-2205).
• If no eligible kin, the estate escheats to the state of Nebraska (§30-2207).

4. Appointment of an Administrator

The court appoints an administrator (often a close relative) to manage the estate. The administrator must:

• File a petition in the county court.
• Publish notice to creditors.
• Inventory estate assets and pay debts.
• Distribute remaining assets according to the intestacy rules.

See Neb. Rev. Stat. §30-2601 et seq. for administrator duties.

Helpful Hints

• Gather a family tree: Confirm all potential heirs and relationships.
• Obtain a death certificate: Required for initiating probate.
• Consult a probate attorney: They can guide you through court procedures.
• Compare multiple attorneys: Seek one with probate experience in Nebraska.
• Maintain clear records: Document all estate assets and creditor claims.