What notices must you send to notify heirs when opening probate in Nebraska?

Short answer: When you open probate in Nebraska you must provide written notice to the court and to the decedent’s heirs and beneficiaries (interested persons) and generally give public notice to inform unknown heirs and creditors. You must follow the notice and service rules in the Nebraska Probate Code (Chapter 30) and file proof of service with the county court.

Detailed Answer

Probate begins when someone files a petition in the county court where the decedent lived. The court will review the petition and, if appropriate, appoint a personal representative (sometimes called an executor or administrator). Nebraska law requires notice at different steps so interested people can participate or assert claims.

Who is an “interested person”?

Interested persons include devisees named in a will, heirs at law (people who would inherit under intestacy), creditors, the surviving spouse, and any person who has a property right affected by the estate. Give careful attention to identifying heirs and beneficiaries. If someone is an heir but you do not know their address, Nebraska law permits publication to try to reach them. See the Nebraska Probate Code (Neb. Rev. Stat., Chapter 30) for definitions and scope: Neb. Rev. Stat., Chapter 30 (Probate).

Types of notices you will generally need to send

• Notice of Petition / Petition for Probate: When you file to admit a will or to appoint a personal representative, you must give notice to the persons entitled to notice of the petition and any hearing. This lets heirs and beneficiaries know about the pending appointment and the opportunity to object.
• Notice of Appointment / Letters Testamentary or Letters of Administration: After the court appoints a personal representative, the representative usually must notify interested persons of their appointment and provide contact information so heirs and beneficiaries can communicate with the representative.
• Notice to Creditors (public notice): Nebraska practice commonly requires publishing a notice to creditors in a local newspaper. Publication puts unknown creditors and unknown heirs on notice that an estate is being opened and advises filing claims within the statutory period. The county court clerk or local court rules will describe publication requirements and timelines. See county court forms and instructions: Nebraska Judicial Branch — Probate Forms.
• Personal service by mail or delivery: Known heirs and beneficiaries should receive direct written notice, typically by first-class mail or certified mail with return receipt, and you must file proof of service with the court. The precise service method and timing are set by the probate statutes and local court rules in Chapter 30.

Timing and proof

Timing matters. The court will set deadlines for filing objections, for creditors to present claims, and for other procedural steps. After you send notices, you must file proof of service or publication with the county court. Keep copies of all mailed notices, delivery receipts, and the affidavit of publication.

Small estates and simplified procedures

Nebraska provides simplified procedures for certain small estates and for informal probate in some situations. These procedures still require notice to interested persons, but the form and extent of notice may be reduced. Check Chapter 30 for the applicable provisions or consult the county court clerk for local forms and thresholds: Neb. Rev. Stat., Chapter 30.

Practical examples (hypothetical)

Example 1 (simple, known heirs): You file a petition to admit a will for a decedent who left a will naming two children and a friend. You mail written notice of the hearing to both children and the friend at their last known addresses, file proof of service, and the court appoints you as personal representative. You then publish a notice to creditors in the local paper for the published period required by the court.

Example 2 (unknown heirs): If the decedent had no will and you cannot locate distant relatives, you still must publish notice in the newspaper and exhaust reasonable efforts to locate heirs. The court may require additional steps before final distribution to make sure unknown heirs receive proper notice.

Where to find the legal rules

Read the Nebraska Probate Code (Chapter 30) for the statutory framework: https://nebraskalegislature.gov/laws/statutes.php?chapter=30. For common court forms and instructions, see the Nebraska Judicial Branch probate resources: https://supremecourt.nebraska.gov/court-forms/probate-forms. County court clerks can also provide local filing requirements and publication options.

Helpful Hints

• Start by making a list of heirs, beneficiaries, spouse, and known creditors. Accurate contact information reduces the need for publication.
• Use certified mail or another trackable method for sending notices and keep receipts as proof for the court.
• File the petition promptly to begin the probate timeline and preserve rights to collect estate assets and meet creditor claim deadlines.
• Ask the county court clerk what publication options the court accepts (newspapers, electronic notices) and follow the required schedule.
• If you cannot locate an heir, document your search efforts (last known addresses, social media, public records) and include that information when you file an affidavit of attempted service.
• Consider hiring an attorney if the estate is large, if heirs are numerous or contested, or if there are complicated assets (real estate, out-of-state property, business interests).
• Keep a clear paper trail: petitions, notices, proofs of service, receipts, and all court filings. The court will expect complete records.

Disclaimer: This article explains general Nebraska probate notice practice for education only. It is not legal advice and does not create an attorney-client relationship. For advice about your specific situation, contact a licensed Nebraska attorney or the county court clerk.