Proving the Value of Vehicles During Probate in Nebraska — FAQ
Short answer: In Nebraska probate you normally report each vehicle’s fair market value (FMV) as of the decedent’s date of death. You prove that value by gathering documentation (title, registration, photos, maintenance records), using accepted valuation sources (NADA, Kelley Blue Book, dealer quotes, or a written independent appraisal), and filing an inventory/appraisement with the court. When in doubt, obtain a written appraisal and preserve all supporting evidence.
Why the value matters
Vehicle values affect estate accounting, payment of creditors and taxes, distribution to beneficiaries, and whether the personal representative should sell or transfer vehicles. The probate court typically requires an inventory listing estate assets and their values. Accurate, documented values reduce disputes and speed administration.
What Nebraska law says (where to look)
Nebraska’s probate rules are found in the Nebraska Probate Code (Chapter 30 of the Nebraska Revised Statutes). The code covers appointment of a personal representative, duties such as inventory and appraisement, and distribution rules. For statutory text and court procedures, see the Nebraska Legislature: Neb. Rev. Stat., Chapter 30 (Probate). Local county court forms and practice may add requirements—check your county court clerk’s website.
Step-by-step: How to prove vehicle value
- Identify the vehicles and gather basic documents.
- Title and registration (show year, make, model, VIN).
- Insurance declarations page (if available).
- Recent maintenance receipts and odometer reading.
- Photographs showing condition and mileage.
- Determine fair market value (FMV) as of the date of death.
FMV is what a willing buyer would pay a willing seller for the vehicle in its actual condition on the decedent’s date of death. Common methods to determine FMV:
- Look up private party or trade-in values on trusted guides (Kelley Blue Book, NADA Guides). Save printouts or screenshots that show date and search parameters.
- Get written quotes from local dealers (trade-in or purchase offers) and keep the written offers or emails.
- For collector or classic cars, use a specialty appraiser or a recognized auction result showing a sale near the date of death.
- Hire a licensed independent auto appraiser and obtain a signed appraisal report stating the FMV as of the date of death.
- Document how you arrived at the number.
Attach or file with the court the supporting evidence (screenshots, printouts, dealer email, appraisal). If you used an online valuation, include the URL and the exact search inputs (year, make, model, mileage, condition) and the date you ran the search.
- File the inventory/appraisement with the probate court.
The personal representative typically files an inventory listing each asset and its FMV. Keep a copy for creditors, beneficiaries, and the estate file. Consult your county court clerk for required forms and deadlines.
- If a beneficiary disputes the value.
Try to resolve the dispute informally by sharing documentation and, if needed, getting a neutral appraisal. If dispute continues, the court can resolve appraisal disputes—be prepared to present the appraiser’s qualifications and methodology.
- When you can sell or transfer a vehicle.
If the will or beneficiaries authorize a sale, and there is no creditor objection, the personal representative can usually sell estate property. Some sales require prior court approval—check local practice and the Nebraska Probate Code. Keep records of offers, sale contracts, and sale proceeds for estate accounting.
Practical example (hypothetical)
Hypothetical facts: Mom owned a 2012 sedan (120k miles, fair condition) and a 2016 pickup (80k miles, good condition). Steps you might take:
- Collect titles, registrations, photos, and maintenance records.
- Look up private-party and trade-in values on NADA or Kelley Blue Book for both vehicles, saving the pages dated to the decedent’s date of death.
- Request written dealer offers and keep them attached to the inventory.
- If the values are significant or there is disagreement among heirs, hire an independent appraiser to issue a dated appraisal.
- File the inventory with the county court listing the FMV for each vehicle and attach supporting documentation.
When to get a professional appraisal
- The vehicle is high-value (collectible or unusually valuable).
- Heirs or creditors contest the value.
- There are unusual condition issues (hidden damage, government restrictions).
- The personal representative wants a defensible, court-ready valuation.
Helpful Hints
- Use multiple valuation sources and keep dated copies to show how you reached the FMV.
- Document mileage and condition with photos dated as close to the date of death as possible.
- If you use an online guide, note whether you used “private party,” “trade-in,” or “retail” values—use the version that best matches how the vehicle would likely be sold.
- Get written offers from local dealers rather than relying only on online estimates when possible.
- Keep a clear chain of custody for vehicle keys, titles, and registration documents—courts pay attention to proper handling.
- Consult the county court clerk for required probate forms and deadlines in your county.
- If the estate is small, Nebraska may offer simplified procedures—ask the clerk whether a small estate affidavit or informal probate might apply.
Where to go for forms and local rules
- Nebraska Revised Statutes, Chapter 30 (Probate): https://nebraskalegislature.gov/laws/statutes.php?chapter=30
- Nebraska Department of Motor Vehicles (for title transfer questions): https://dmv.nebraska.gov/
- Your county court clerk’s website (for local probate forms and filing rules) — search by county at the Nebraska Courts site or call the clerk directly.