Detailed Answer
When someone dies in Nebraska without a valid will (intestate) and leaves no surviving spouse but has three children, Nebraska’s intestate succession statutes dictate that the entire probate estate passes equally to the decedent’s children. Under Neb. Rev. Stat. § 30-2202(1) (https://nebraskalegislature.gov/laws/statutes.php?statute=30-2202), if there is no surviving spouse, the decedent’s “issue” (i.e., lineal descendants) inherit the entire estate. In this scenario:
- Each of the three children receives an equal one-third share.
- If a child had predeceased but left children of their own, that share would pass per stirpes to the grandchildren under Neb. Rev. Stat. § 30-2203 (https://nebraskalegislature.gov/laws/statutes.php?statute=30-2203).
Before distribution, the personal representative (appointed by the county court) must pay valid debts, funeral expenses, administration costs, and any taxes from the estate’s assets under Neb. Rev. Stat. § 30-24,110 (https://nebraskalegislature.gov/laws/statutes.php?statute=30-24110). Once liabilities are settled, the remaining assets are distributed to the heirs.
Probate proceedings in Nebraska typically occur in the county where the decedent lived at death. The personal representative will file a petition for administration, inventory the estate assets, notify creditors and heirs, and finally seek court approval for the proposed distribution.
Key Steps:
- Appointment of a personal representative by county court.
- Notification of creditors and filing creditor claims.
- Inventory and valuation of assets.
- Payment of debts, expenses, and taxes.
- Equal distribution of remaining assets—one-third to each child.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance tailored to your situation.
Helpful Hints
- Gather all estate documents (bank statements, titles, deeds) early to simplify inventory.
- Promptly file for probate in the county court to avoid delays.
- Notify all potential heirs and creditors to meet statutory deadlines.
- Consider mediation if heirs disagree on valuations or distributions.
- Keep thorough records of all estate transactions to facilitate court approval.