Intestate Succession in Nebraska: No Spouse, Two Children

Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney to discuss your specific circumstances.

Detailed Answer

When a Nebraska resident dies without a valid will, the state’s intestate succession laws determine how the probate estate distributes to heirs. Under Neb. Rev. Stat. § 30-2304, if the decedent leaves no surviving spouse but has surviving descendants, those descendants inherit the estate equally per stirpes. In a situation with two surviving children and no spouse:

• Each child receives an equal share of the probate estate.
• “Per stirpes” means each branch of the family takes a share. If a child is deceased but left children of their own, those grandchildren would share the deceased child’s portion.

Before distribution, the county court must appoint a personal representative (sometimes called an executor) to oversee the probate process. Creditors file claims against the estate, and valid debts and expenses—such as funeral costs and administrative fees—are paid. After these obligations clear, the remaining assets pass to the children as outlined above.

Helpful Hints

• Obtain a certified copy of the decedent’s death certificate promptly.
• Compile a detailed inventory of all assets (bank accounts, real estate, personal property) and liabilities.
• File the probate petition in the county court where the decedent resided.
• Appoint a trustworthy personal representative to manage estate affairs.
• Keep accurate records of all estate expenses, distributions, and court filings.
• Consult a Nebraska probate attorney to ensure compliance with court deadlines and procedural requirements.