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Short summary: If you are the sole heir but someone else has already received letters of administration in Nebraska, you can ask the probate court to revoke those letters and to appoint you instead. To do this you generally must (1) show you have priority as the sole heir or otherwise a superior right to appointment, and (2) give the court a legal basis to revoke or remove the current administrator (for example, lack of qualification, failure to give bond, refusal or inability to perform duties, or misconduct). The Nebraska probate statutes and court rules give the court discretion to evaluate priority and to remove administrators for cause. See Nebraska probate law, Title 30: Probate Code: https://nebraskalegislature.gov/laws/statutes.php?chapter=30

1. Confirm the current status and why the administrator was appointed

• Obtain a certified copy of the letters of administration from the probate court file. That document shows who was appointed, when, and whether the appointment was temporary or permanent.
• Check whether there was a will or a sworn statement that no will exists. If a will nominates a personal representative, the nominee normally has priority. If no will or the nominee declined, the court follows statutory priority among heirs.
• Determine whether the appointment was issued after proper notice and whether the appointment was informal (routine) or after a contested hearing.

2. Grounds and legal bases for asking the court to reconsider or remove an administrator

The court can revoke letters of administration and remove an administrator for reasons including (but not limited to):

• Improper appointment — you have superior statutory priority as the sole heir and the court did not follow priority rules.
• Lack of qualification — the administrator failed to qualify (for example, did not post required bond, is a minor, convicted of certain crimes, or otherwise lacks legal capacity).
• Failure to perform duties — refusing to act, failing to file inventory or accountings, or failing to preserve estate assets.
• Misconduct or conflict of interest — self-dealing, conversion of estate property, or breach of fiduciary duty.
• Inability to serve — illness, relocation, or other reasons making the person unable to perform the job.

These types of concerns are addressed in the Nebraska probate statutes and by the court’s inherent authority to supervise fiduciaries. For a general overview of Nebraska probate law, see Title 30, Probate Code: https://nebraskalegislature.gov/laws/statutes.php?chapter=30

3. Typical procedural steps to seek revocation or removal and appointment of the sole heir

1. Act quickly. Probate proceedings move on deadlines (inventory, accounting, notices). If you want to challenge an appointment, start promptly.
2. File a written petition with the probate court. Common petitions include: a petition to revoke letters of administration, a petition for removal of administrator, or an application for appointment as administrator (administrator ad litem or permanent administrator). The petition should state your status (sole heir), the reason the current appointment was incorrect or the administrator should be removed, and the relief you request (revocation and issuance of letters to you).
3. Ask for interim relief if needed. If estate assets are at risk, you can ask the court for temporary orders (e.g., a temporary restraining order, order to preserve assets, or an order requiring an accounting and bond).
4. Serve notice on interested parties. Nebraska procedure requires service on the administrator and all interested persons (heirs, beneficiaries, creditors as appropriate). The court will set a hearing and notify interested persons.
5. Prepare evidence for the hearing. Evidence should show your status as sole heir (death certificate, family records, affidavits, genealogical proof), any statutory priority, and any grounds for removal (lack of bond, failure to perform duties, misconduct). Documentary evidence and witness affidavits are often decisive.
6. Attend the hearing and present your case. The judge will evaluate priority, qualifications, and whether removal is warranted in the estate’s best interests. If the court finds in your favor, it can revoke the prior letters and issue new letters to you after you qualify (post any required bond, sign oath, file an acceptance).

4. Evidence and proof commonly needed

• Certified death certificate.
• Birth certificates, marriage certificates, or other documents proving heirship.
• Certified copy of the prior letters of administration and any bond filed by the administrator.
• Documentation of any misconduct or failures (bank statements, inventories showing missing assets, communications showing refusal to act, missed filings).
• Affidavits from witnesses or professionals who can corroborate your claims.

5. Possible court outcomes

• The court may deny your petition if the prior appointment was proper or the administrator is performing duties satisfactorily.
• The court may order the administrator to correct deficiencies (file inventories, post bond, account for assets) without removing them.
• The court may remove the administrator for cause and either appoint you or order a new appointment process that follows statutory priority.
• The court may appoint a neutral temporary administrator if immediate oversight is necessary while disputes are resolved.

6. Practical considerations and costs

Contested probate matters can take time and involve filing fees, service costs, and possibly attorney fees. If the estate is small and facts are clear (you are truly the only heir and there is no will), courts often resolve appointment disputes relatively quickly. If there is alleged misconduct, the matter can become more involved.

7. When to get a lawyer

If the administrator resists removal, if estate assets are at risk, if the facts are complex, or if you want to avoid procedural mistakes, consult a Nebraska probate attorney. An attorney can prepare pleadings, gather admissible evidence, and present your case efficiently to the court.

8. Where to find the relevant Nebraska laws and forms

Primary Nebraska probate statutes are found in Title 30 of the Nebraska Revised Statutes (Probate Code): https://nebraskalegislature.gov/laws/statutes.php?chapter=30. The Nebraska courts also publish local probate forms and instructions on county court websites and through the Nebraska Judicial Branch; contact the clerk of the county where the decedent’s estate is filed for requirements and local forms.