Detailed Answer
This article explains how to determine the correct venue under Nebraska law for opening or transferring a decedent’s estate. This information is not legal advice; consult an attorney for advice about your situation.
1. Venue for Opening an Estate
Under Nebraska law, the county court must have proper venue when you open an estate on behalf of someone who has died. The rules depend on the decedent’s connection to Nebraska:
- Decedent domiciled in Nebraska: File in the county where the decedent was domiciled at death. See Neb. Rev. Stat. §30-2486 (link).
- Decedent not domiciled in Nebraska: File in the county where the principal part of the decedent’s personal property is located. See Neb. Rev. Stat. §30-2487 (link).
- Ancillary probate: If the decedent was domiciled outside Nebraska and you need to administer Nebraska assets only, open an ancillary estate in the county where those assets are located. See Neb. Rev. Stat. §30-2488 (link).
2. Venue for Transferring an Existing Probate Case
You may request a transfer of venue if circumstances change or for party convenience. While Nebraska statutes do not provide a specific probate transfer statute, you can file a motion for change of venue under the general county court rules for change of venue. Courts consider factors like the convenience of witnesses and whether a fair proceeding can be had. Consult the county court clerk for local rules and filing requirements.
3. Key Definitions
The statutes use specific definitions. For example, “domicile” and “principal part of personal property” are defined in Neb. Rev. Stat. §30-2481 (link).
Disclaimer
This article is for informational purposes and does not constitute legal advice.
Helpful Hints
- Confirm decedent’s domicile by reviewing their last known residence and documentation.
- Inventory assets early to identify the location of principal personal property.
- Review local county court rules for filing and transfer procedures.
- Consult an attorney if disputes arise over proper venue or transfers.
- Keep copies of all filings and proofs of service for your records.