Disclaimer: This article is for educational purposes only and does not constitute legal advice.
Detailed Answer
Under Nebraska law, a surviving spouse may claim a support or family allowance from the decedent’s estate under Nebraska Revised Statutes § 30-2422. That statute grants funds for maintenance and support during probate. To qualify, the spouse must prove the marriage was valid when the decedent died.
Importance of a Marriage Certificate
A certified marriage certificate serves as primary evidence of the marital relationship. Courts rely on it to confirm eligibility under Neb. Rev. Stat. § 30-2422. A missing or incomplete certificate can delay allowance payments or trigger additional court scrutiny.
Proving Marriage Without a Certificate
If the marriage certificate is missing or incomplete, the spouse can submit alternative evidence, including:
- Affidavits from friends or family attesting to the marriage
- Joint tax returns, leases, or bank statements showing shared residence
- Life insurance policies naming each other as beneficiaries
- Photographs, correspondence, or social media posts demonstrating marital status
Probate courts will weigh these items under standard evidentiary rules. They may hold a short hearing to resolve any doubts about the marriage’s validity.
Court Process and Potential Delays
Filing a motion to admit secondary evidence or asking the court to take judicial notice of a public marriage record can speed up approval. Without a certificate, interested parties may object and request more proof. Many courts allow a provisional family allowance pending final proof of marriage.
Correcting an Incomplete Certificate
Common certificate issues include missing officiant signatures, dates, or county seals. To fix these:
- Request a certified copy from the county clerk or Nebraska DHHS Vital Records
- File a supplemental affidavit with the probate court confirming the missing details
- Obtain a court order (nunc pro tunc) to correct or confirm the marriage record
Helpful Hints
- Search county vital records online before initiating probate.
- Gather at least three types of supporting documents to back your claim.
- Talk to the probate clerk early to identify any missing paperwork.
- Consider requesting a provisional allowance under Neb. Rev. Stat. § 30-2422.
- Keep a clear timeline of all evidence submitted for court hearings.
For more information, visit the Nebraska Legislature’s website to review probate statutes and forms.