Detailed Answer
When a person dies owning real property in Nebraska, that property automatically becomes part of the probate estate. To use it to pay valid claims against the estate, a personal representative must bring the property fully into the estate’s administration. Below are the key steps under Nebraska law:
- File a Probate Petition
Submit a petition for probate with the county court in the county where the decedent lived. See Neb. Rev. Stat. §30-2405 (link). The court will issue letters testamentary or letters of administration. - Provide Notice to Heirs and Devisees
Publish and mail notice of probate. Nebraska law requires publication in a local newspaper and direct notice to known heirs and devisees. See Neb. Rev. Stat. §30-2423 (link). - Inventory and Appraise the Real Property
Within 60 days after receiving letters, file a detailed inventory listing all real estate and its appraised value. This allows the court and creditors to understand the estate’s assets. See Neb. Rev. Stat. §30-2415 (link). - Advertise for Creditors
Publish notice to creditors once a week for three consecutive weeks. Creditors then have four months from the date of first publication to file claims. See Neb. Rev. Stat. §30-2423 (link). - Petition to Sell Real Property
If estate funds are insufficient to pay claims, petition the court for permission to sell real property. Under Neb. Rev. Stat. §30-2484, include a description of the property, the reason for sale, and evidence that creditors remain unpaid. File the petition and serve notice on all interested parties (link). - Conduct Hearing and Obtain Order
The court will hold a hearing on the sale. If it finds the sale necessary and for fair value, it will issue an order authorizing the personal representative to sell. See Neb. Rev. Stat. §30-2485 (link). - Record Deed and Distribute Proceeds
After sale, the personal representative signs and records the deed. The net proceeds enter the estate and can be used to pay creditor claims in the order of priority set by statute.
Note: If the decedent was domiciled outside Nebraska but owned Nebraska real estate, you must open an ancillary probate proceeding under Neb. Rev. Stat. §30-2101 et seq.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Always consult a qualified attorney to address your specific situation.
Helpful Hints
- Keep a detailed file of all court filings, notices, and publication proofs.
- Obtain a certified copy of the death certificate before filing for probate.
- Work with a licensed appraiser to ensure the court accepts your property valuation.
- Notify all potential creditors—even those you suspect may not have claims—to avoid personal liability.
- Consider mediation or negotiation with creditors if selling real property may take months.