Disclaimer: This is educational information only and not legal advice. Laws change. For advice about a specific situation, consult a Nebraska attorney or the county court.
Detailed Answer
If your mother died without a will (intestate) and you want to serve as administrator of her estate in Nebraska, you must ask the county court in the county where she lived to appoint a personal representative (often called an administrator). Nebraska’s probate rules and intestacy rules are found in the Nebraska Probate Code (Title 30). See Nebraska statutes: Neb. Rev. Stat., Chapter 30 (Estates and Durable Powers of Attorney).
Who can be appointed?
Priority usually goes to the surviving spouse, then to other heirs such as adult children. A county court will consider who is legally entitled and who is willing and able to serve. If multiple eligible people seek appointment, the court will choose the person it finds best suited. The court will also consider whether the proposed administrator is competent and free of conflicts.
Step-by-step: How to apply
- Identify the correct court. File in the county court of the county where your mother was domiciled (lived) at the time of death. County court handles probate matters in Nebraska.
- Gather basic documents and information. Typical items you will need include the death certificate, your mother’s full legal name and last address, a list of known heirs and their contact information, an estimate of the value and location of estate assets (bank accounts, real estate, vehicles, personal property), and a list of known creditors if available.
- Prepare and file a Petition for Appointment of Personal Representative (Administration). The petition asks the court to appoint you as administrator, identifies the heirs, and usually asks the court to open an estate. Many county courts supply local probate forms or instructions. Nebraska Supreme Court self-help probate resources and forms are available at: Nebraska Judicial Branch — Probate Self-Help.
- Pay the filing fee. County court filing fees vary by county. Check the county court clerk’s website or call the clerk for the exact amount.
- Provide notice to heirs and creditors. After filing, the court or you must give notice to heirs and often publish notice to creditors. Nebraska law requires creditor notice and opportunity to file claims against the estate. See Nebraska Probate Code (Chapter 30) for creditor-claim procedures: Neb. Rev. Stat., Chapter 30.
- Bond (if required). The court may require an estate bond to protect creditors and heirs. The court can waive or limit the bond in some situations if all statutory requirements are met or if heirs consent.
- Court hearing and issuance of Letters of Administration. The court may hold a hearing. If it appoints you, the court will issue Letters of Administration (letters testamentary or letters of administration) that prove your authority to act for the estate, collect assets, pay bills, and distribute property per Nebraska intestacy rules.
- Administer the estate. As administrator you will marshal assets, pay valid debts and taxes, file inventories and accountings if required, and ultimately distribute property to heirs under Nebraska’s intestacy rules.
- Close the estate. After assets are distributed and accounts filed, ask the court to close the estate. The court will discharge you from further duties.
How the estate is distributed (intestacy basics)
When someone dies intestate in Nebraska, the estate passes to surviving relatives according to the Nebraska Probate Code. Distribution depends on whether there is a surviving spouse and/or descendants (children). For the exact rules, consult Chapter 30 of the Nebraska statutes: Neb. Rev. Stat., Chapter 30. If you expect complex family relationships or significant assets, consider getting legal help to avoid costly mistakes.
What if someone contests your appointment?
Any interested person (an heir or creditor) can object. The court will resolve disputes at a hearing. Contests commonly arise over who has priority to serve, incapacity, alleged misconduct, or improper listing of heirs. If a contest arises, strong documentation of relationships and clean administration practices help your case. In contested matters, you may want a lawyer.
Timing and costs
Timelines vary. Simple administrations often take several months; more complex estates can take a year or longer, especially where claims or disputes exist. Costs include court filing fees, publication costs, bond premiums (if required), and professional fees (attorneys, appraisers, accountants). The administrator may be entitled to reasonable compensation under Nebraska law; the court can approve fees.
Where to find forms and local instructions
Check the county court clerk’s website for local probate forms and filing instructions. The Nebraska Judicial Branch provides probate self-help information and some statewide forms here: https://supremecourt.nebraska.gov/self-help/probate. For the statutory rules, use the Nebraska Legislature site for Chapter 30: https://nebraskalegislature.gov/laws/statutes.php?chapter=30.
Helpful Hints
- Start by calling the county court clerk where your mother lived and ask for the probate or administration packet and a list of required forms.
- Obtain several certified copies of the death certificate early—financial institutions usually require them to transfer assets.
- Prepare a simple inventory of bank accounts, insurance policies, real property, and outstanding bills before filing. Even rough estimates help the court and speed filing.
- Tell family members you are filing and provide them with copies of the petition or notice. Open communication reduces contests and delays.
- If you expect few assets (small estate), ask the clerk whether Nebraska has a simplified or small-estate procedure that avoids full administration.
- Keep careful records and receipts for every transaction. You will need to account to the court and heirs for all receipts and disbursements.
- If the estate includes real estate in another state or complex assets (business interests, retirement accounts), consult an attorney familiar with Nebraska probate and the other jurisdiction.
- Consider consulting a Nebraska probate attorney if you face disputes, tax issues, or large or complex estates. An attorney can help complete filings properly and reduce personal liability risks.
If you want help finding local probate forms or locating the county court clerk contact for the county where your mother lived, provide the county name and I can point you to county-specific resources.