Detailed Answer
If someone dies in Nebraska, the person who will manage the decedent’s estate (the proposed personal representative) must start probate by filing paperwork with the county court where the decedent lived. The exact documents vary with whether there is a will and whether the case is routine or contested, but most Nebraska probate filings require the following core items.
Core documents commonly required
- Original Will and any codicils. If the decedent left a will, file the original will (not a copy). If there are amendments (codicils), file those too.
- Petition for Probate / Petition for Appointment of Personal Representative. This is the formal pleading that asks the court to admit the will (if there is one) and appoint a personal representative. Use the county court probate petition form or one that follows Nebraska Probate Code requirements. See Nebraska Probate Code (Chapter 30) for statutory guidance: Neb. Rev. Stat. Chapter 30.
- Certified copy of the decedent’s death certificate. The court normally requires a certified death certificate to open probate.
- Names and addresses of heirs and beneficiaries. Provide current names and mailing addresses for all heirs, beneficiaries named in the will, and any other interested persons (creditors, devisees). Courts use this list to direct required notices.
- Estimated inventory or statement of assets. Many petitions require a basic description and estimated value of the estate assets (real estate, bank accounts, vehicles, stocks, life insurance payable to the estate, etc.). A full inventory usually follows after appointment.
- Bond or request to waive bond. Nebraska law and some wills require a fiduciary bond for the personal representative. If the will waives bond, bring a copy of the will provision that waives bond or file a formal request for waiver. If a bond is required, the court will need bond paperwork and proof the surety accepted the risk.
- Oath or acceptance of appointment form. The proposed personal representative must sign an oath or acceptance form before serving. Courts generally provide a specific form for the oath/acceptance of appointment; you must sign it at filing or at the hearing and sometimes swear before the clerk or notary.
- Identification for the proposed personal representative. Expect to provide government ID and contact information for the person seeking appointment.
- Proof of service or notice plans. Probate requires notice to interested persons. File proposed notice forms and be prepared to serve (or mail) the required notices and file proof of service. The court clerk or local rules will explain timing and methods of notice.
- Filing fee. Pay the county court filing fee when you submit the petition. Fees vary by county and by estate size.
Optional or situational documents
- Affidavits of heirship or identity (when heirs are unknown or to confirm relationships).
- Renunciations or consents from persons who decline appointment or who agree to a waiver of bond.
- Power of attorney documents or trust instruments if parts of the decedent’s affairs used other estate tools.
- Evidence of title (deeds, account statements) if the court asks for clarification of particular assets.
- Small-estate affidavit forms or claims procedures when an estate qualifies for simplified administration.
Typical filing and hearing process (brief)
- Prepare and file the petition, original will (if any), death certificate, and supporting forms at the county court.
- Pay the filing fee and ask the clerk to schedule a hearing or set the matter for a probate docket date.
- Serve or mail the required notices to heirs, beneficiaries, and creditors as directed by the court rules and statutes.
- At the hearing the court will review the documents, hear any objections, take the oath of the proposed personal representative, and either issue letters testamentary (with a will) or letters of administration (if no will).
- If a bond is required, the court will require proof of the bond before issuing letters.
For forms and local instructions, check the Nebraska Judicial Branch probate self-help pages and the county court where the decedent lived: Nebraska Judicial Branch – Probate Self-Help. For statutory standards governing probate procedure, see Neb. Rev. Stat., Chapter 30: https://nebraskalegislature.gov/laws/statutes.php?chapter=30.
Hypothetical example
Example: Jane Doe dies in Douglas County leaving a signed will that names John as executor. John brings the original will, a certified copy of Jane’s death certificate, a completed petition for probate with a short list of heirs and their addresses, an estimate of assets, a copy of the will’s bond-waiver clause, his photo ID, the filing fee, and the court’s oath form. The court schedules a short hearing, John takes the oath, the court waives the bond per the will, and the clerk issues letters testamentary.
Key Nebraska resources
- Nebraska Revised Statutes, Chapter 30 (Probate Code): https://nebraskalegislature.gov/laws/statutes.php?chapter=30
- Nebraska Judicial Branch probate/forms and self-help: https://supremecourt.nebraska.gov/self-help/probate
Disclaimer: I am not a lawyer. This article explains general Nebraska probate practice for educational purposes and is not legal advice. For advice specific to your situation, contact a licensed Nebraska probate attorney or the county court clerk.
Helpful Hints
- Bring the original will. Courts prefer the original document; copies can cause delays.
- Get a certified death certificate early. Many institutions require multiple certified copies.
- Prepare a clear list of heirs and beneficiaries, with mailing addresses and relationships to the decedent.
- Check the will for a bond waiver. A will can waive bond for an executor, but the court reviews and may require bond in some circumstances.
- Call the county court clerk before filing to confirm local forms, fees, and hearing schedules.
- If the estate is small or the assets are held jointly or have named beneficiaries, you may qualify for simplified procedures; ask the clerk or review Nebraska probate self-help information.
- If anyone may contest the will or if estate assets or debts are complex, consider consulting a probate attorney early.
- Keep copies of everything you file and get stamped receipts when you submit documents to the court.