What to do when a named executor declines to serve in Nebraska

Short answer: If a parent’s will names your sibling as executor but that sibling formally refuses or declines to serve, you can ask the Nebraska probate court to appoint you as personal representative (executor). The court will follow Nebraska probate law and the will’s terms (including any named successor), give notice to interested parties, and then appoint the next qualified person under the law if the nominated person has renounced or is unable to serve.

Detailed answer — how the process works in Nebraska

This section explains, step by step, what usually happens and what you will need to do. This is a general overview and not legal advice.

1. Confirm whether the nominated executor actually renounced

The nominated executor must decline or renounce formally. A simple verbal refusal can slow the process. In Nebraska it is common (and helpful) for the nominated person to sign a written renunciation or a letter stating they refuse appointment and file it with the probate court. That creates a clear record that the nominee does not want to serve.

2. Check the will for a named successor

Many wills name an alternate or successor personal representative. If the will names a successor executor, that person has priority to be appointed. If you are the named successor, present the original will to the probate court and ask to be appointed.

3. If there is no successor named, the court follows statutory priority

If the will does not name a successor or the successor is unable/unwilling to serve, the court appoints a personal representative according to Nebraska probate rules and local procedure. Generally the court will consider interested persons (spouse, adult children, creditors, and other heirs and devisees) and appoint a qualified person who is willing to serve. For the Nebraska Probate Code (chapter on probate), see the Nebraska statutes: Neb. Rev. Stat. Chapter 30 (Probate Code).

4. File for probate / appointment

1. Locate the original will and the death certificate.
2. File a petition for probate of the will and for appointment of personal representative in the county probate court where your parent lived.
3. Include the original will, a certified copy of the death certificate (or funeral director’s affidavit), and the court’s required filing forms and fee.
4. The court will set a hearing and require notice to interested persons (heirs, beneficiaries, and sometimes creditors).

5. What the court decides

At the hearing the court will confirm whether the nominated executor renounced. If so, and if no successor is named or willing, the court will appoint a qualified person who has priority under the law or who the court finds suitable. If you are an interested person (for example, a beneficiary or child), you can ask the court for appointment. The judge will consider conflicts of interest, qualifications, criminal history, willingness to serve, and whether appointment is in the estate’s best interest.

6. Bond, duties, and supervision

The court may require a bond (an insurance policy to protect the estate) unless the will waives bond. The personal representative must inventory estate assets, give notice to creditors, pay debts and taxes, and distribute assets per the will or Nebraska law.

7. Timeline and cost

Simple uncontested probate with a willing successor or clear renunciation often takes a few weeks to a few months. Complex estates, disputes, or missing paperwork can lengthen the process. Fees include court filing fees and possible attorney fees. Nebraska probate rules and local court procedures control exact timing and fees.

Practical steps you can take now

• Find and protect the original will and obtain several certified copies of the death certificate.
• Ask the sibling to sign a written renunciation and file it with the probate court to speed appointment. A signed renunciation removes uncertainty.
• Check the will carefully for a named successor executor.
• Gather estate information: bank accounts, real estate, title documents, insurance policies, and a list of creditors.
• Contact the county probate court clerk (where your parent lived) to ask about local filing requirements and forms.
• Consider hiring a probate attorney if the estate is large, disputed, or if the family expects disagreement. An attorney can prepare the petition, file notices, and handle hearings.

Relevant Nebraska resources and statutes

For the statutes that govern probate and appointment of personal representatives in Nebraska, see the Nebraska Revised Statutes, Chapter 30 (Probate Code): https://nebraskalegislature.gov/laws/statutes.php?chapter=30. For court forms, local probate information, and self-help resources, check the Nebraska Judicial Branch probate information: https://supremecourt.nebraska.gov/probate.

When to get a lawyer

Talk to a Nebraska probate attorney when any of the following apply:

• The estate is large or includes complicated assets (business interests, out-of-state property).
• There is active disagreement among heirs or a dispute about the will’s validity.
• You need guidance on bond, taxation, or creditor claims.
• You want help preparing the petition or representing you at the probate hearing.

Helpful Hints

• Get the original will to the probate court as quickly as possible; the court will need it for probate.
• Ask the named executor to provide a notarized renunciation rather than an informal email or phone call.
• Look in the will for language that waives bond — that can simplify your appointment.
• Make a simple inventory of assets and their locations before the court hearing to show preparedness to serve.
• Keep clear records and copies of everything you file with the court, including notices to heirs and creditors.
• Be mindful of deadlines: Nebraska requires timely notice to creditors and other procedural steps; missing deadlines can cause problems.
• If family friction is high, try mediation or neutral legal assistance before court fights begin — that can save time and money.

Disclaimer: I am not a lawyer and this is not legal advice. This article provides general information about Nebraska probate practice. For legal advice about your specific situation, consult a licensed Nebraska probate attorney.