Detailed Answer

Short answer: In Nebraska, if a parent died without a will (intestate), the house usually must be transferred through the county probate process (administration) so an estate representative can clear title and deed the property to the legal heirs. The exact steps depend on how the title is currently held, whether the estate has debts, and whether the heirs agree on distribution.

1. Confirm how the house is titled

Before taking any legal steps, get a copy of the deed from the county register of deeds where the property is located. The deed shows whether the property was owned:

• Jointly with rights of survivorship (joint tenants or tenancy by the entirety). If so, the surviving co-owner(s) usually automatically take full title without probate.
• In the decedent’s sole name. If so, probate (administration) is usually required to transfer title to heirs.
• In a trust. If the house was in a living trust, the successor trustee may be able to transfer title without probate.

2. Intestate succession (who inherits)

If the property was only in your parent’s name and there is no valid will, Nebraska’s intestacy rules determine the heirs. Those rules are part of Nebraska’s probate statutes. For the governing law see Nebraska statutes on decedents’ estates: Neb. Rev. Stat. Chapter 30 (Decedents’ Estates). A county court or an attorney can identify the legal heirs under those rules.

3. Open an administration (probate) in the county court

To transfer real estate titled only in your parent’s name you will usually need to open an administration (probate) case in the county court where your parent lived. The basic steps:

1. File a petition for appointment of a personal representative or administrator with the county court (probate court).
2. The court will appoint an administrator (often a family member) and issue letters of administration or authority.
3. The administrator inventories estate assets, notifies creditors, pays valid debts and taxes, and then distributes the estate to the heirs under Nebraska’s intestacy rules.
4. After distribution, the administrator executes a deed (or other transfer document), which is recorded to change title to the heirs’ names.

For the probate rules and procedures, see: Neb. Rev. Stat. Chapter 30. The Nebraska Judicial Branch also provides probate self-help information at: Nebraska Judicial Branch — Probate Self‑Help.

4. Alternatives and special proceedings

Depending on the estate size and circumstances, alternatives may be available:

• Small estate procedures: Nebraska has summary procedures for very small estates for collection of personal property, but these usually do not transfer real estate. Check with the county court or an attorney before relying on a small‑estate affidavit for real property.
• Affidavit transfers and family agreements: In limited situations (for example, when heirs all agree and debts are not an issue), heirs may use a court determination of heirship or execute documents to clear title — typically after a short probate proceeding or a quiet-title action.
• Quiet title action or heirs’ deed: If title problems prevent recording a deed, heirs sometimes file a quiet-title lawsuit or obtain a judicial determination of heirs to clear title.

5. Typical documents you’ll need

• Certified death certificate.
• Original or certified copy of the deed from the county register of deeds.
• Proof of heirs (birth certificates, marriage certificates, family records) and any beneficiary designations.
• Mortgage and tax records for the property.

6. Practical timeline and costs

Probate time varies. Simple, uncontested administrations can be completed in a few months; more complicated estates can take a year or longer. Costs include court filing fees, costs for certified copies and death certificates, possible publication costs, and attorney fees if you hire counsel. If the estate holds sufficient assets, the estate normally pays these costs.

7. What to do now — step-by-step checklist

1. Order several certified copies of the death certificate from the Vital Records office.
2. Get a copy of the deed from the county register of deeds to confirm how title is held.
3. Collect family records that show heirs (marriage certificates, birth certificates, social security numbers for the estate filing).
4. Contact the county court probate clerk to ask about opening an administration and request local forms and fee information. (Search for the county court page on the Nebraska Judicial Branch website if you do not know the address.)
5. Consider a consultation with a probate attorney if the estate has a mortgage, significant debts, multiple children, or disputes among heirs.

8. When you need an attorney

Consult an attorney if any of the following apply:

• There is a mortgage or other secured debt on the property.
• Heirs disagree about distribution or want to avoid probate complications.
• Title is unclear or a third party claims an interest in the property.
• The estate owes significant taxes or there are complex assets.

Attorneys who handle probate can file the necessary court petitions, guide you through creditor notices, prepare deeds for recording, and advise on tax and mortgage issues.

Important statutory references

Primary Nebraska statutes governing probate and intestacy are in Chapter 30 of the Nebraska Revised Statutes. See the chapter here: Neb. Rev. Stat. Chapter 30 (Decedents’ Estates). For procedures and forms contact your county court (probate division) or see the Nebraska Judicial Branch probate self-help page: Nebraska Judicial Branch — Probate Self‑Help.

Disclaimer

This article explains general Nebraska procedures and is for informational purposes only. It is not legal advice. Laws change and each case has unique facts. For advice specific to your situation, contact a licensed Nebraska attorney who handles probate or estate matters.

Helpful Hints

• Start by getting the death certificate and a copy of the deed — those two items determine most next steps.
• If the deed names multiple owners with survivorship language, record a death certificate with the register of deeds to update title — you may avoid probate.
• Keep detailed records of communications with heirs and creditors; the administrator will need to account for distributions.
• If heirs are cooperative and the estate is small and debt-free, the administration is usually faster and cheaper.
• Always confirm local county filing requirements and fees with the county court clerk before filing paperwork.
• When in doubt, get a brief attorney consultation — even one hour can clarify whether you must open probate and roughly how long it will take.