Disclaimer: This article provides general information and does not constitute legal advice. For personalized guidance, contact an attorney licensed in Nebraska.
Detailed Answer
1. Obtain Letters of Administration
When co-heirs refuse to cooperate, you can petition the county court for Letters of Administration under Neb. Rev. Stat. § 30-24,201. This document grants you authority to manage and secure the decedent’s assets, including bank accounts.
Required documentation for the petition typically includes:
- Original death certificate
- Certified copy of the will (if one exists) or affidavit identifying heirs
- List of all heirs and their contact information
- Notice or proof of service to interested parties
- Bond or waiver of bond, if the court requires it
After the court issues Letters of Administration, present certified copies to each financial institution holding the decedent’s accounts. Banks will freeze or transfer the accounts per the court’s order.
2. Use a Small Estate Affidavit (When Eligible)
If the decedent’s personal property in Nebraska totals $50,000 or less, you may avoid formal probate by using a Small Estate Affidavit under Neb. Rev. Stat. § 30-24,204. This affidavit lets you collect assets directly from the bank.
To qualify, you must prepare an affidavit that includes:
- Decedent’s name, date of death, and last known address
- Itemized list of the decedent’s personal property
- Statement that no application for administration is pending
- Affirmation that the estate value does not exceed $50,000
- Affiant’s oath and notarization
Present the affidavit and certified death certificate to the bank. The institution will then release or freeze funds according to the affidavit’s provisions.
3. Seek a Temporary Restraining Order
If you fear co-heirs will dissipate assets before formal appointment, file for injunctive relief under Neb. Rev. Stat. § 25-21,201. A temporary restraining order (TRO) can immediately freeze accounts pending a hearing.
To obtain a TRO, you must show:
- Likelihood of success on the merits of your probate petition
- Risk of irreparable harm if assets are not frozen
- Notice (or justified lack thereof) to the other heirs
- Proposed order and bond, if the court requires it
After the court issues the TRO, serve it on the bank to secure the decedent’s accounts.
Helpful Hints
- Verify estate size to determine if a Small Estate Affidavit is available
- Consult local court rules for filing fees and bond requirements
- Maintain clear records of service to co-heirs to avoid delays
- Keep certified copies of all court orders for presentation to banks
- Consider mediation if co-heirs’ refusal stems from a dispute
- Engage a probate attorney early to streamline the process