Probate in Nebraska: What Your Family Goes Through Without a Will

When someone dies without a will in Nebraska, the estate will be distributed according to the state's intestate succession laws through county court. Some assets skip this process entirely.

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Exceptions to those intestate laws include the following.

• Any life insurance policies that have a named beneficiary.

• Any retirement accounts that have a named beneficiary.

• Property held in joint tenancy with right of survivorship.

• Any bank accounts with a payable-on-death designation.

If none of these apply, Nebraska offers a small estate affidavit process for personal property worth $100,000 or less under Neb. Rev. Stat. 30-24,125, once at least 30 days have passed since the death. A separate affidavit covers real property worth $100,000 or less.

Succession Laws Without a Will in Nebraska

Nebraska is not a community property state, so all individually owned assets are treated the same. Under Neb. Rev. Stat. 30-2302, the lines of succession without a will are as follows.

• If you are married and have no children and no surviving parent, your spouse inherits everything.

• If you have no descendants but a surviving parent, or if all of your descendants are also your spouse's, your spouse inherits the first $150,000, plus one-half of the balance.

• If one or more of your descendants are shared with your spouse, your spouse inherits one-half of the estate, and your descendants split the other half.

• If you have no spouse, your descendants inherit the entire estate, followed by your parents, then your siblings, if there are no closer relatives.

Want to compare your options before or after probate? Compare what is included in a will and a trust.