What to do if a parent dies intestate in Nebraska

Disclaimer: This article is for general information only and is not legal advice. Laws change and every case is different. Consult a Nebraska probate attorney or the probate court for advice about your specific situation.

Detailed answer — overview of claiming a share under Nebraska law

If your mother died without a will (intestate) and the estate is in Nebraska, Nebraska’s probate and intestate succession rules determine who inherits and how to get your share. The state’s probate statutes set procedures for opening a probate case, appointing someone to administer the estate, paying creditors, and distributing remaining assets to heirs.

Key legal resources (statutes and court guidance):

• Nebraska Revised Statutes — Probate (Chapter 30): https://nebraskalegislature.gov/laws/statutes.php?chapter=30
• Nebraska Judicial Branch — Probate information and local court contacts: https://supremecourt.nebraska.gov/probate

Who inherits when there is no will?

Nebraska law identifies heirs by relationship (spouse, children, parents, siblings, etc.). If your mother left surviving children, those children are usually primary heirs. If a surviving spouse exists, Nebraska’s intestacy rules determine how the estate is divided between the spouse and the children. Exact distribution depends on the family structure and whether the surviving children are also children of the surviving spouse. For precise distribution rules, review Nebraska’s probate statutes (see Chapter 30 linked above) or ask the county probate court.

Typical steps to claim your share

1. Confirm where the estate must be probated. You generally file in the Nebraska county where the decedent lived when she died. If all assets are out-of-state, you may need ancillary probate in other states.
2. Locate the probable personal representative or file to be appointed. If your mother did not name an executor, someone (often a close family member) must petition the probate court to be appointed personal representative (also called administrator or executor by appointment). The court issues “letters” that give legal authority to handle estate business.
3. Notify heirs and creditors. The administrator must give notice to known heirs and publish notice to creditors as required by Nebraska law. Creditors have a set time to make claims against the estate.
4. Inventory and value assets; pay debts and expenses. The administrator inventories estate assets, pays valid debts, funeral expenses, taxes, and administrative costs before distributing inheritances.
5. Distribute the remaining assets according to intestacy rules. After debts are resolved, the administrator distributes assets to heirs under Nebraska statutes.
6. If the estate is small, consider simplified procedures. Nebraska courts provide simplified or small‑estate processes in some cases that avoid full probate; check local court rules or the Nebraska Judicial Branch pages.

Documents and information you will likely need

• Certified death certificate.
• Proof of your relationship to the decedent (birth certificate, family records).
• List of the decedent’s assets and debts (bank accounts, real property, titles, insurance policies, retirement accounts).
• Known beneficiary designations (some assets pass outside probate if a beneficiary is named).
• Identification for anyone filing paperwork with the court.

Practical timeline

Initial petition and appointment can take weeks. Inventory, creditor notice and claims typically add months. Simple estates may close within a few months; complicated estates or contested matters can take a year or more. Expect time for statutory waiting periods for creditor claims and court approval of the final distribution.

Common complications that can slow or change a distribution

• Disputes among heirs about who the rightful heirs are or about asset values.
• Unpaid debts or tax issues that reduce the amount available for distribution.
• Assets held jointly or with payable-on-death beneficiaries that pass outside probate.
• Missing heirs or unknown creditors that require extra notice or searches.

When you might not need full probate

Some assets may pass directly to beneficiaries (life insurance, retirement accounts, jointly held property). Nebraska also provides small‑estate procedures or affidavits in limited situations to transfer personal property without full probate. Check Nebraska statutes and local probate court rules or consult the Nebraska Judicial Branch site for details: https://supremecourt.nebraska.gov/probate.

When to consult an attorney

Talk to a probate attorney if you face any of the following: uncertainty about whether an item must go through probate, disagreements between heirs, significant estate tax issues, creditors’ claims, or difficulty locating assets or heirs. An attorney can explain Nebraska-specific distribution rules, file paperwork for you, and protect your rights during administration.

Helpful hints

• Start by obtaining several certified death certificates from the county clerk’s office — banks and other institutions require originals.
• Collect proof of relationship (birth certificates, marriage certificates) before filing anything with the court.
• Search for beneficiary designations on life insurance or retirement accounts — those often pass outside probate.
• If you plan to petition to be administrator, check the local county probate court website for required forms and filing fees.
• Keep careful records of estate expenses and distributions — the administrator must account for all receipts and disbursements to the court and heirs.
• Ask the administrator for copies of inventory and notices — you have a right to know what is being claimed and distributed.
• If an heir cannot be found, use certified mail, publish notice as required, and keep proof of your attempts to locate them.
• If a creditor claim appears questionable, do not agree to payment without reviewing it; creditors must follow statutory procedures.
• When in doubt about your rights or the proper distribution, consult a Nebraska probate attorney before agreeing to informal distributions.

For the exact statutory language and procedural rules, see Nebraska Revised Statutes — Probate (Chapter 30): https://nebraskalegislature.gov/laws/statutes.php?chapter=30. For court forms and county-specific procedures, visit the Nebraska Judicial Branch Probate pages: https://supremecourt.nebraska.gov/probate.

If you want, provide a short description of your family situation (who survived your mother, where she lived, whether there are named beneficiaries on accounts) and I can explain the likely next procedural steps under Nebraska law.