Accessing Deceased Person’s Bank Account Funds During Probate in Nebraska

Detailed Answer

When someone dies in Nebraska, their assets—including bank accounts—must pass through probate before distribution. To access and withdraw funds, you must follow Nebraska’s probate procedures. Depending on the estate’s size, you may use a small estate affidavit or obtain formal Letters of Administration or Letters Testamentary.

1. Use a Small Estate Affidavit for Estates Under $50,000

Nebraska law lets heirs collect personal property (excluding real estate) up to $50,000 without full probate. Under Neb. Rev. Stat. § 30-24101, you can file an affidavit to claim bank account funds directly.

Key steps:

• Obtain a certified copy of the decedent’s death certificate.
• List all qualifying assets and heirs in the affidavit form.
• Notarize the affidavit and file it with your county court clerk.
• Wait the court-specified period for creditor objections.
• Present the filed affidavit and death certificate to the bank.

Once the bank verifies your documents, it can release funds up to the $50,000 threshold.

2. Open Formal Probate for Larger or Complex Estates

If the decedent’s personal property exceeds $50,000, or if real estate and complex assets exist, you must open a probate case. File a Petition for Probate in the county court. If a will exists, submit it with your petition. The court then appoints a personal representative (executor).

After appointment, the court issues Letters Testamentary or Letters of Administration. These letters grant you legal authority to manage and distribute the decedent’s assets, including bank accounts. See Neb. Rev. Stat. § 30-24115 for details.

3. Present Your Authority to the Bank

With either your small estate affidavit or your Letters, visit each financial institution holding the decedent’s accounts. Provide:

• Your certified Letters or filed affidavit.
• A certified copy of the death certificate.
• A valid government-issued photo ID.

The bank will verify your documents and release funds. Always keep accurate records of withdrawals. Pay valid debts and taxes before distributing remaining funds to heirs according to Nebraska law.

Helpful Hints

• Confirm the current small estate threshold; Nebraska may update this amount.
• Ask each bank if they require their own affidavit or release form.
• Maintain a folder of all filed court papers and bank correspondence.
• Publish or mail notice to creditors if required, to limit personal liability.
• Consider hiring an attorney if disputes or complex assets arise.

Disclaimer: This information is for educational purposes only and does not constitute legal advice. Always consult a qualified attorney for guidance tailored to your situation.