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Short summary: In Nebraska, closing a spouse’s probate estate that has no assets generally requires showing the court that there are no estate assets, that creditor notice requirements have been satisfied, and that any necessary formal filings (or an applicable small‑estate procedure) have been completed. The usual steps are: determine whether formal probate is needed, collect and document estate information, give required notices, file the appropriate petition or affidavit, obtain a court order discharging the personal representative (or use a small‑estate affidavit where allowed), and record the order so third parties accept the closing.

1. Figure out whether probate was required or already opened

Start by confirming whether a probate case exists for your spouse’s estate. Check with the clerk of the district court in the county where your spouse lived. If a will was left and a personal representative was appointed, there may already be an open case. If no probate was opened and the estate truly has no assets, you may not need a full administration; Nebraska law and local court rules give different, often simpler routes for estates with negligible or no assets.

2. Identify and document assets and liabilities

Document everything you checked to reach the conclusion that the estate has a zero balance. Typical tasks include:

• Review bank, brokerage, and retirement accounts.
• Confirm vehicles, real estate, and personal property ownership.
• Check whether assets pass outside probate (joint accounts, beneficiary designations, POD/TOD, survivorship property).
• List known debts, mortgages, credit‑card balances, and funeral bills.

Keep copies of account statements, title documents, beneficiary designations, and any correspondence that shows there were no probate‑estate assets or that assets passed outside probate.

3. Determine the correct procedural path

There are typically two common paths in Nebraska:

1. Formal probate administration already open. If a personal representative was appointed, the representative usually files a final accounting or a petition for settlement and discharge when administration is complete. The petitioner will present evidence that there are no assets and ask the court for an order discharging the representative.
2. No formal administration is necessary. If probate never began and there are no assets that require probate administration (because everything passed by beneficiary designation, joint tenancy, or was below a small‑estate threshold), you may be able to collect property or resolve affairs using affidavit procedures or by having the court enter a simple finding that no probate assets exist.

4. Provide notice to creditors and interested parties

Nebraska law requires notice to creditors and gives creditors a limited time to present claims. Even when the estate has no assets, courts will want proof that creditors had a fair opportunity to present claims (or that the statutory notice period has expired). Typical actions include:

• Publishing a notice to creditors if required by the court or statute.
• Serving or sending notice to known creditors and interested persons (heirs, beneficiaries, and devisees).

Keep proof of mailing and publication. For the applicable statute language and timing rules, review the Nebraska probate statutes in Chapter 30: Nebraska Revised Statutes, Chapter 30 (Probate).

5. File the proper paper with the court

What you file depends on the scenario:

• If the estate is already in probate: file a final accounting and petition for discharge or a petition for settlement of account and final distribution. Attach an inventory showing no assets, and proof that creditor notice requirements were met.
• If no probate case exists and the estate has no probate assets: check whether a small‑estate affidavit, affidavit for collection of personal property, or simple court petition is available in your county. These forms allow heirs or the surviving spouse to collect nonprobate assets or obtain a court statement that no probate administration is required.

The probate clerk can point you to local forms and filing procedures. If a final court order is needed, request a hearing date for the petition and provide the court with all documentation showing a zero balance.

6. Attend the hearing and obtain the court order

At the hearing the judge will review your filings and any objections. If the court is satisfied that there are no assets and that creditor notice requirements were met, it will issue an order discharging the personal representative (if one was appointed) or an order closing the estate. The order is the official record the banks, title companies, and other third parties will accept.

7. Record and distribute the court order

After you receive the discharge or closing order, provide certified copies as needed to banks, the county treasurer (if vehicle or real estate titles are involved), and other institutions. If the estate has no assets, there will be no distributions, but you may need the order to clear liens or update records.

8. Typical timelines and practical notes

The total time depends on local court scheduling and the statute of limitations for creditor claims. Even “zero‑asset” filings often require waiting for the creditor claim period to run before final discharge. Confirm timelines with the county probate clerk and review Chapter 30 of the Nebraska statutes for specifics: Nebraska Revised Statutes, Chapter 30 (Probate).

9. When to consult an attorney

Consider legal help if any of the following apply:

• There are alleged creditor claims or disputed debts.
• Someone contests the inventory, will validity, or your authority to act.
• Real estate, title transfers, or tax issues exist.
• You prefer someone to prepare and file the final petition and court forms correctly.

Important: This article gives a general overview only. It is not legal advice. For legal guidance specific to your situation, consult a Nebraska probate attorney or the probate clerk in the county where your spouse lived.

Helpful Hints

• Start by calling the county district court probate clerk. Ask whether a probate file exists and request local forms and filing tips.
• Assemble documentation showing zero assets: bank statements, beneficiary forms, account closure letters, vehicle and real estate title records, and statements from institutions confirming there are no probate assets.
• Keep careful proof of all notices—certified mail receipts, published notices, and service proofs—so you can show the court you satisfied creditor notice rules.
• If a named beneficiary or joint owner already received an asset directly (e.g., a payable‑on‑death account), get written confirmation from the institution for your records.
• Even when an estate appears to be zero, complete and file any required inventories and final accountings promptly to avoid claims that you failed to administer the estate properly.
• If you suspect creditors may still come forward, keep an informal reserve (even if small) or check whether the court requires a short waiting period before discharge.
• Use the Nebraska statutes for reference: Nebraska Revised Statutes, Chapter 30 (Probate). Local court rules and forms vary by county; always confirm with the county court clerk.
• When in doubt, a brief consult with a probate attorney can save time and prevent mistakes that lead to later liability.