Detailed Answer

This article explains, in plain language, how to determine who the lawful heirs are and who owns real property after a grandparent dies in Nebraska. It gives practical steps you can take, what records to check, and when you may need the court or a lawyer. This is educational only and not legal advice.

Step 1 — Confirm the basic facts

Gather these documents and facts first:

Certified copy of the death certificate (request from Nebraska DHHS Vital Records: dhhs.ne.gov).
Any original will, codicil, or estate planning documents you can find.
Property address and any documents about the property (deeds, mortgage statements, tax bills).

Step 2 — Look for a will and check probate filings

If your grandparent left a will, the executor usually files it with the county court (probate court) in the county where the grandparent lived. To check:

Contact the county court in the county of the decedent’s residence and ask whether a probate case was opened. The Nebraska Judicial Branch provides self-help and probate information: supremecourt.nebraska.gov.
If a probate case exists, obtain the filed documents. Probate records will identify the personal representative (executor/administrator) and list heirs or beneficiaries and how property will be distributed.

Step 3 — Search county land records for current property ownership

Ownership of real property is recorded at the county level (Register of Deeds). To find who is titled on the property:

Visit (or use the online portal of) the Register of Deeds in the county where the property is located and search for recent deeds, affidavits, or probate-related conveyances.
If title is still in the grandparent’s name and no probate deed has been recorded, the property may not yet be transferred to heirs.
If a deed shows the property transferred to named persons, that recorded deed—if valid—controls public title.

Step 4 — Understand Nebraska’s basic intestacy rules (when there is no valid will)

When a person dies without a valid will, Nebraska law provides a statutory order of who inherits (intestate succession). The Nebraska Probate Code controls. See Chapter 30 of the Nebraska Revised Statutes for the probate and intestate succession rules: nebraskalegislature.gov — Chapter 30.

In general terms:

Surviving spouse and descendants (children, grandchildren) are primary inheritors. How assets split depends on whether children are also children of the surviving spouse.
If there are no spouse or descendants, parents, siblings, nieces/nephews, or more remote relatives may inherit in statutory order.
If no heirs can be found, property may ultimately escheat to the State of Nebraska.

Determining exact shares and distribution often requires applying statutory formulas and facts about family relationships (adoptions, predeceased children with descendants, blended families). The county court can enter an order determining heirs if people disagree or the heirs are unknown.

Step 5 — If heirs are not obvious: getting the court to declare the heirs

If ownership or heirship is unclear, a person with an interest can ask the county court to determine heirs. Typical routes include:

Opening a probate case (formal administration) so the court can admit a will (if any), appoint a personal representative, and approve distributions.
Filing a petition for determination of heirs in the county court when there is no will or when you need a court order declaring who the heirs are.
Using summary or small estate procedures when the estate qualifies (amount limits vary and county rules apply).

The court’s order identifying heirs can then be used to record deeds or otherwise clear title with the Register of Deeds.

Step 6 — Clearing and transferring title

After heirs are identified and any probate requirements are satisfied, property title is usually cleared by recording a deed transferring ownership. Common options:

A deed signed by the personal representative after probate.
An affidavit of heirship or small-estate affidavit in limited cases (some counties/title companies require larger, court-ordered documents instead).
A quiet title action when title disputes or missing heirs prevent an ordinary transfer.

When to hire a lawyer

Consider consulting a Nebraska probate or real property lawyer if any of the following are true:

There is no will and family relationships are complex or disputed.
Multiple people claim ownership or there are missing or unknown heirs.
Title is clouded by prior transfers, liens, or unclear documents.
You expect to file probate, a quiet title action, or need help negotiating with a title company.

Practical example (hypothetical)

Suppose your grandparent died, left no will, and the deed still lists the grandparent as owner. Steps you would take:

Obtain the death certificate from DHHS Vital Records.
Call the county court where your grandparent lived and ask whether a probate was opened.
Search the county Register of Deeds for any recorded deeds or affidavits related to that property.
If no probate, petition the county court to open an estate or to determine heirs; the court issues letters of administration or an heirship determination.
After the court order, record a deed from the personal representative or heirs to transfer title.

Key Nebraska law resources

Nebraska Probate Code (Chapter 30): nebraskalegislature.gov
Nebraska Judicial Branch — probate self-help: supremecourt.nebraska.gov/self-help/probate
Nebraska DHHS Vital Records: dhhs.ne.gov/Pages/Vital-Records.aspx

Disclaimer

This is general information about Nebraska law and procedures and does not create an attorney-client relationship. I am not a lawyer. Nothing here is legal advice. For advice specific to your situation, consult a licensed Nebraska attorney or the county court.

Helpful Hints

Start locally: property documents and probate filings are filed at the county level where the decedent lived or where the property is located.
Keep organized copies: assemble death certificate, any will, deed, mortgage statements, and correspondence before contacting court or title offices.
Ask the Register of Deeds for a certified copy of the recorded deed and the legal description of the property.
If you cannot find a will, ask close relatives and the decedent’s attorney or bank whether a will was prepared.
Use the probate court to formally determine heirs if family members disagree or if title cannot be cleared informally.
For disputes, missing heirs, or complicated title issues, hire a probate or real estate attorney experienced with Nebraska court procedures.
Title companies sometimes remove clouds on title after probate orders—ask a title company what documentation they require before you record a deed.

If you want, tell me the county where the property is located (or the address) and I can list the likely county court and register of deeds contact information and next steps to check records there.