Disclaimer: This article is for informational purposes only and does not constitute legal advice.
Detailed Answer
Intestate Succession and Minor Heirs
When someone dies without a will in Nebraska, their estate passes under the Nebraska Intestate Succession Act at Neb. Rev. Stat. §30-2317. If a minor child is an heir, Nebraska law provides mechanisms to manage and protect that inheritance until the child reaches adulthood.
Appointment of a Guardian for the Minor’s Estate
An interested party can petition the county court to appoint a guardian of the minor’s estate under Chapter 30, Article 26 of the Nebraska Probate Code (Neb. Rev. Stat. §30-2601 et seq.). The guardian holds legal title to assets, manages investments, pays expenses for the minor’s benefit, and must file periodic inventories and accountings. Courts typically require guardians to post a bond to secure the minor’s property.
Uniform Transfers to Minors Act (UTMA) Custodianship
Nebraska’s UTMA (Neb. Rev. Stat. §30-392 through 30-396) allows property to transfer directly to a custodial account for the minor. A custodian manages the assets without ongoing court supervision until the minor turns 21. This process is often faster and less expensive than formal guardianship.
Court-Ordered Trusts
Under Neb. Rev. Stat. §30-2476, the court can establish a trust for a minor’s benefit even in the absence of a will. A court-ordered trust lets you set specific distribution ages and conditions to protect the minor’s inheritance beyond the statutory age of majority.
Key Court Filings and Deadlines
- File a petition for administration of the intestate estate within six months of death under Neb. Rev. Stat. §30-2403.
- Submit a petition for guardianship of the minor’s estate or UTMA custodianship promptly after appointing a personal representative.
- Provide inventories and annual accountings as required by the court.
- Obtain court approval for major transactions affecting the minor’s property.
Helpful Hints
- Consult a licensed Nebraska attorney to ensure compliance with local rules and deadlines.
- Gather a detailed list of all assets and their values before filing any petition.
- Identify a trusted relative or friend to serve as guardian or custodian.
- Review county court fee schedules and bond requirements in advance.
- Maintain organized records of all expenses paid from the minor’s inheritance.
- Visit the Nebraska Judicial Branch website for up-to-date forms and instructions.