Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney in Nebraska for guidance on your specific situation.

Detailed Answer

In Nebraska, some real property can transfer to a surviving owner automatically at death, bypassing probate. Common methods include:

• Joint Tenancy with Right of Survivorship: When two or more people hold title as joint tenants, the survivor automatically owns the property. No probate is required.
• Transfer on Death Deed (TODD): Under the Uniform Real Property Transfer on Death Act (Neb. Rev. Stat. § 76-1501 et seq.), you can record a deed naming a beneficiary who will receive title upon your death. See Neb. Rev. Stat. § 76-1501: https://nebraskalegislature.gov/laws/statutes.php?statute=76-1501.
• Living Trust: Real estate placed into a revocable trust passes to beneficiaries outside of probate.

However, even if certain real property avoids probate, you may still need to probate the decedent’s will to:

• Validate the Will: Probate court confirms the will is authentic and properly executed (Neb. Rev. Stat. § 30-2460: https://nebraskalegislature.gov/laws/statutes.php?statute=30-2460).
• Appoint a Personal Representative: The court issues letters testamentary or of administration, granting authority to manage and distribute assets (Neb. Rev. Stat. § 30-2360: https://nebraskalegislature.gov/laws/statutes.php?statute=30-2360).
• Handle Non-Exempt Assets: Assets not covered by joint title or TOD deeds—such as bank accounts, personal property, and digital assets—must pass through probate.
• Pay Debts and Taxes: The personal representative settles creditor claims and estate taxes before distribution.
• Court Supervision: Probate provides a structured process under the Nebraska Probate Code (Neb. Rev. Stat. § 30-2101 et seq.), ensuring proper notice to heirs and transparency.

In short, while you can structure certain real property transfers to avoid probate, the will governs all assets not titled or designated to pass outside of probate. Probate is the legal process that validates the will, identifies and values estate assets, pays debts, and distributes property under court oversight.

Helpful Hints

• Review your property titles: Confirm if you hold any real estate as joint tenants or by TOD deed.
• Consider a TOD Deed: If you own real property outright, a Transfer on Death Deed lets you name a beneficiary without creating a trust.
• Inventory your assets: List all accounts, real estate, and personal property to determine what passes automatically and what must go through probate.
• Check Nebraska’s small estate affidavit rules: Estates under certain values may qualify for a simplified process (see Neb. Rev. Stat. § 30-24,100).
• Consult an attorney: A lawyer can help you draft deeds, review your will, and guide you through probate or trust administration in Nebraska.