What Happens When Someone Dies Without a Will in Nebraska?
Creating a will helps ensure your final wishes are carried out after your death. The state of Nebraska has specific probate laws to protect the estates of decedents who die intestate (without the benefit of a will). Although dying intestate typically results in added expense to the estate and may not reflect the decedent's final wishes, probate helps ensure the estate is distributed as equitably as possible and that all debts are settled in a timely manner.
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The Probate Process
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When a person dies intestate in the state of Nebraska, a petition must be filed with the probate court of jurisdiction to distribute the estate. This petition must filed by the decedent's next of kin. If the decedent's estate is valued at $50,000 or less, permission is typically granted by the probate court to allow the decedent's next of kin to distribute the estate equally amongst the decedent's rightful heirs, less any debt and taxes owed by the decedent. If the decedent's estate is valued at more than $50,000, however, Nebraska law mandates the estate be probated through the court for equitable distribution.
Debt
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Under Nebraska law, no heir shall inherit from a decedent's estate until all debts, including attorney's fees and taxes (both state and federal), are paid in full. As a result, most Nebraska probate courts mandate that the decedent's final expenses be paid in full within one year of the decedent's death. This time frame may be extended through permission of the court if there are discrepancies in regard to the decedent's death that must be addressed prior to disbursement.
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The Decedent's Spouse
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When a married individual with no children dies without a will in the state of Nebraska, state law mandates the decedent's spouse is entitled to inherit the estate in its entirety less any debts or taxes that must first be paid. If the decedent is married and also has children, the spouse is entitled to receive three-quarters of the estate after any debts and taxes are paid. The decedent's children, regardless of whether the children are the issue of the decedent and his spouse at the time of his death, or are the issue from a prior marriage or relationship, are entitled to receive the remaining 25 percent to be distributed as equally as possible.
Children
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In Nebraska, the children of an unmarried decedent who dies without a will are typically entitled to equal shares in the estate after all debts and taxes are paid. In cases where the decedent is the parent of minor children, each child's share of the estate is typically put into trust in the care of a court-appointed trustee. These funds will distributed when the child reaches legal age or is otherwise deemed eligible to receive the funds per order of the court.
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