Detailed Answer

When a person dies without a valid will (called intestacy), Nebraska law provides rules for who inherits and how the estate is administered. The process that follows depends on the types and value of the decedent’s assets, whether real property is involved, and whether anyone must be appointed to act for the estate.

Key points under Nebraska law:

• Intestate succession governs who inherits. If there is no will, the Nebraska Probate Code sets the order of heirs (spouse, children, parents, siblings, more remote relatives). See Nebraska Probate Code (Chapter 30) for the statutory rules: Neb. Rev. Stat., Chapter 30.
• Probate administration is often required but not always. Probate (formal administration in county court) is typically needed when the decedent owned assets titled solely in their name that must be transferred (for example, real estate, brokerage accounts, or bank accounts above survivor/nonprobate thresholds). Probate also is necessary if creditors need notice and a formal claims process is required, or when clear legal title to property cannot be transferred without court action.
• Simpler alternatives may apply for small or nonprobate assets. Many items can pass outside probate: jointly titled property with right of survivorship, assets with beneficiary designations (life insurance, retirement accounts), payable-on-death bank accounts, and some transfers via trust. Nebraska also has streamlined or informal procedures that can avoid a full administration in lower-value estates or where heirs agree — for example, collection affidavits or simplified actions (check local county court practice).
• Real estate often triggers probate. If the decedent owned real property solely in their name, most buyers, title companies and county recorders will require a probate or court order to clear title and transfer ownership. That makes probate likely even if personal property value is low.
• Creditors and tax issues. Probate provides a formal mechanism to give notice to creditors and obtain discharge of liabilities according to priority. If significant debts exist, administration may be necessary to resolve those claims appropriately.
• Who opens probate? A person with interest in the estate — typically a spouse, an adult child, or another heir — files a petition with the county probate court asking for appointment of a personal representative (also called an administrator when there is no will). The court oversees the administration, and the representative collects assets, pays debts and taxes, and distributes remaining property to heirs under Nebraska’s intestacy rules.
• Court involvement and timing. An informal or formal probate proceeding includes filing documents, notifying interested persons, inventorying assets, possibly notifying creditors, and final distribution. Timeframes vary by complexity; simple estates can close in a few months, while estates with disputes or significant assets may take a year or more.

Because county procedures and thresholds can vary, speak with the county probate court clerk or a Nebraska attorney for the specific county where the decedent lived to learn which streamlined options may apply.

Reference: Nebraska Probate Code, Chapter 30 — see general statutes and specific provisions at the Nebraska Legislature website: https://nebraskalegislature.gov/laws/statutes.php?statute=30.

Disclaimer: This information is educational only and does not constitute legal advice. Consult a licensed Nebraska attorney about your specific situation.

Helpful Hints for Nebraska Residents Facing Intestacy

• Start by making an inventory: list bank accounts, real estate, vehicles, retirement accounts, life insurance, and debts. Knowing what exists helps decide if probate is necessary.
• Check titles and beneficiary designations. Assets already titled in joint tenancy or with named beneficiaries often avoid probate.
• Visit the county court clerk’s office where the decedent lived. Clerks can often tell you whether a small estate procedure or affidavit might apply in your county.
• If real estate is involved, plan on probate or a court order to clear title — banks and title companies usually require it.
• Be cautious about paying debts or distributing assets before someone has authority from the court. Doing so can create personal liability for heirs.
• If multiple potential heirs exist, consider mediation or hiring an attorney early to prevent disputes that can increase time and cost.
• Keep copies of all filings, notices to creditors, inventories, and receipts. Good records speed up the closing of the estate and protect the personal representative.
• Ask about simplified procedures for small estates or unsecured personal property — Nebraska statutes and local court rules can provide alternatives to full administration.
• Consult a Nebraska-licensed probate attorney if the estate has real property, complex assets, significant debts, or disputes among heirs.