What Happens if You Die Without a Will in Nebraska?
If you die without a will in Nebraska, your assets pass to your closest relatives according to the state's intestate succession laws found in Neb. Rev. Stat. 30-2302. Your marital status and family situation will determine how your assets are distributed.
If You are Married with Children
- If all of your descendants are also your spouse's, your spouse inherits the first $150,000, plus one-half of the balance. Your descendants inherit the remainder in equal shares.
- If one or more descendants are not your spouse's, your spouse inherits one-half of the estate outright, and your descendants split the other half.
If You are Married Without Children
- If you have no surviving parent, your spouse inherits the entire estate.
- If you have a surviving parent, your spouse inherits the first $150,000, plus one-half of the balance. Your parent inherits the rest.
If You Don't Have a Spouse, but Have Children
Your descendants inherit everything, by representation. This will also include any legally adopted children, but not stepchildren, unless they were legally adopted.
If You Don't Have a Spouse or Children
Your assets pass to your parents. If both are deceased, your siblings inherit, with a deceased sibling's share passing to their descendants.
If No Living Relatives Can Be Found
If no qualifying relative can be identified, including grandparents and their descendants, your property escheats to the State of Nebraska. This is not a common occurrence.
Other Things to Know about Dying Without a Will in Nebraska
- Stepchildren generally do not inherit unless they were legally adopted.
- Half-relatives inherit the same as full relatives.
- The county court will appoint a personal representative to administer the estate and distribute assets accordingly.
When Does an Estate Go Through Probate Without a Will
If your personal property is worth $100,000 or less, your family may qualify for a small estate affidavit which bypasses probate proceedings, once at least 30 days have passed since the death. A separate affidavit covers real property worth $100,000 or less.
Ready to get started? Take our quiz to see if a will or trust is right for you.
