Detailed Answer: How Nebraska law treats assets that pass by right of survivorship for the probate inventory
Short answer: In Nebraska, assets that pass automatically to a surviving owner by right of survivorship (for example, joint tenancy with right of survivorship, transfer-on-death or payable-on-death designations, and some jointly titled real estate) generally pass outside probate and are not part of the decedent’s probate estate. Because they are nonprobate, you normally do not include them as part of the estate inventory that the personal representative files for probate. However, there are important exceptions and practical reasons to identify and document those assets for the court, creditors, and beneficiaries.
Why most right-of-survivorship assets are not listed as probate assets
Nebraska’s probate process focuses on property that becomes the decedent’s estate and must be administered through the court. Property that transfers automatically by operation of law to a surviving owner does not become part of the decedent’s probate estate. Common examples:
- Bank or investment accounts titled as joint tenants with right of survivorship (JTWROS).
- Accounts with a named beneficiary (payable-on-death or transfer-on-death).
- Real estate held as joint tenants with right of survivorship (depending on the deed language).
When you might still need to report or disclose these assets
Even though these assets typically avoid probate, you should pay attention to several situations where they must be disclosed or could affect the probate inventory or administration:
- Bank or institution policies. Some banks require the personal representative to identify nonprobate accounts during probate or to provide a copy of the probate documents before releasing funds. If the surviving joint owner or beneficiary cannot get access without probate, the asset may effectively be treated as part of the estate until resolved.
- Undisputed vs. disputed ownership. If ownership is disputed (creditors, claims of undue influence, or allegations that the decedent did not intend the survivorship arrangement), a court may require the assets to be included in the estate inventory pending resolution.
- Assets improperly titled. If an account or deed that appears to pass by survivorship was actually controlled or funded differently (for example a “convenience” joint account where the decedent intended a different distribution), the court could require inclusion and further inquiry.
- Taxes and estate administration costs. Even if an asset passes outside probate, its value may be relevant for federal or state tax filings, or for deciding creditor priority and distribution among heirs. The personal representative may list nonprobate assets on an informal schedule to show the estate’s total economic picture.
Practical steps to take under Nebraska law
- Identify the asset type and read the title. Look at the account agreement, deed, or beneficiary designation to confirm whether the asset is JTWROS, POD/TOD, or otherwise has survivorship language.
- Collect documentation. Keep the original deed, account statements, beneficiary designations, and any contracts indicating survivorship rights.
- Inform the probate court if required. File the inventory or account required by Nebraska probate procedures for assets of the estate. If you have nonprobate items, consider filing a short schedule or list labeled “nonprobate assets” to avoid confusion. (See Nebraska probate statutes for inventory and fiduciary duties; see Title 30, Nebraska Revised Statutes.)
Neb. Rev. Stat., Title 30 (Probate) - Talk to the financial institution or recorder. Present the death certificate and the account deed to the bank or county recorder to confirm how they will transfer title or release funds.
- Get legal advice when in doubt. If ownership is unclear, if a creditor or heir disputes a transfer, or if large assets are at stake, consult a Nebraska probate attorney promptly.
Example scenarios (hypotheticals)
Scenario A: Mom and Dad held a bank account jointly with right of survivorship. Dad died. The account’s title names both as JTWROS and the bank releases the account to Mom upon proof of death. That account did not become part of Dad’s probate estate and normally is not listed as estate property on an inventory.
Scenario B: A decedent put a child’s name on the deed as joint tenant right before death, and other heirs claim it was a transfer in fraud of creditors. The court may treat the asset as part of the estate while the dispute is resolved and require it to be listed in the inventory or a special accounting.
Bottom line
Do not include routine survivorship assets in the probate inventory as part of the probate estate if they genuinely, and unambiguously, pass by right of survivorship. But do identify them, keep documentation, and be prepared to disclose them to the court or interested parties if requested. When ownership is unclear or contested, list and explain the item in the probate filings and get legal help.
Where to read Nebraska law: For Nebraska’s probate statutes and more on filings and fiduciary duties, see Neb. Rev. Stat., Title 30 (Probate): https://nebraskalegislature.gov/laws/statutes.php?title=30.
Disclaimer: This article provides general information about Nebraska probate practice and is not legal advice. It does not create an attorney-client relationship. For advice about your specific situation, consult a licensed Nebraska attorney.
Helpful Hints
- Start by checking how each asset is titled: the wording on the deed or account matters more than informal assumptions.
- Obtain multiple death certificates early; institutions typically require originals or certified copies to transfer title.
- If a bank or broker asks for probate documents despite a survivorship title, ask for written explanation and consider listing the account on a separate schedule so the court and parties know why it wasn’t included in the estate value.
- Keep clear records: retain account agreements, beneficiary forms, deeds, and communications with institutions. These documents resolve most title questions quickly.
- If creditors are involved, note that nonprobate transfers can still be challenged in some circumstances—get legal counsel if the estate might have unpaid obligations.
- When in doubt, disclose. Filing a short, labeled list of nonprobate assets with your probate pleadings avoids surprises and reduces the chance of later disputes.
- Consult a Nebraska probate attorney before transferring contested property or paying disputed claims.