Nebraska Petition for Probate

Introduction

Key Things to Know

1. 1

   Filing: Nebraska has two tracks in the county court. An Application for Informal Probate and Appointment of Personal Representative goes to the registrar and is verified by the applicant. A Petition for Formal Probate of Will, or for formal appointment, goes to the court for notice and hearing (Neb. Rev. Stat. §§30-2405, 30-2414, 30-2426). Ask the county court what form it requires; the court's form controls over any draft.

2. 2

   No one has authority over estate assets until the court appoints a personal representative and letters issue (§30-2403). Being named as executor in a will does not by itself allow anyone to collect assets, pay debts or transfer property. Do not distribute, pay heirs or sell estate property before appointment or before the creditor claims period has run.

3. 3

   Timing: no informal probate or appointment, and no formal testacy or appointment proceeding, may generally be commenced more than three years after the death, with listed exceptions (§30-2408). An informal application cannot be acted on until at least 120 hours after death (§30-2415(a)). After the death and on request of an interested person, a person holding the will must deliver it with reasonable promptness to a person able to secure probate or, if none is known, to the court; an applicant holding the original must deliver it to the court within ten days of filing the application (§§30-2356, 30-2416(a)(5)).

4. 4

   Who may serve, in priority order: the person with priority under a probated will, a surviving spouse who is a devisee, other devisees, the surviving spouse, other heirs, and, forty-five days after death, any creditor (§30-2412(a)). A person under age nineteen, or one the court finds unsuitable in formal proceedings, is not qualified (§30-2412(f)). This page states no nonresident rule, so ask the court whether one applies. The court decides who serves; appointment is not guaranteed.

5. 5

   Notice to heirs and beneficiaries: on the informal track, notice of the application goes to anyone who has filed a demand for notice and to any existing personal representative. No other notice of informal probate is required except as provided in §§30-2415(b) and 30-2420(c), including publication when no representative was appointed at the same time (§30-2419). Check with the court whether other notice applies. On the formal track, hearing notice is mailed or delivered to the spouse, children and other heirs, devisees and named executors at least 14 days before the hearing, with published notice for unknown persons (§§30-2427, 30-2220).

6. 6

   Creditors: after appointment, notice is published once a week for three successive weeks, with the first publication within 30 days after appointment (§30-2483(a)). Claims are generally due within two months after the first publication; if notice to creditors was not properly given, within three years after the death (§30-2485(a)). Bond is required unless an exception applies, such as a will that waives it or written waivers from all heirs or devisees, and a court may still require bond on an interested person's petition (§30-2446).

7. 7

   Not every estate needs probate. Assets that pass by beneficiary designation, joint ownership with survivorship or a trust usually pass outside probate. Nebraska also has affidavit and summary procedures for small estates (see the small-estate-affidavit page). A will contest or a dispute over who should serve is a separate proceeding, and attorney review is available.

Nebraska Requirements for Petition for Probate

• County Court, Two Tracks

  Probate is filed in the county court. An informal application goes to the registrar and a formal petition goes to the judge (Neb. Rev. Stat. §§30-2405, 30-2414, 30-2426).

• Letters Begin Administration

  Administration of an estate is commenced by the issuance of letters, so no one has authority over estate assets before appointment (Neb. Rev. Stat. §30-2403).

• Three-Year Outer Limit

  No informal or formal probate or appointment proceeding may generally be commenced more than three years after death, with listed exceptions (Neb. Rev. Stat. §30-2408).

• Will Delivery Duty

  On request of an interested person after the death, a person with custody of a will must deliver it with reasonable promptness to a person able to secure probate or, if none is known, to the court (Neb. Rev. Stat. §30-2356).

• Order of Priority to Serve

  Priority runs from the person under a probated will, through devisees, the surviving spouse and heirs, to creditors forty-five days after death; persons under nineteen are not qualified (Neb. Rev. Stat. §30-2412).

• Notice and Hearing on Formal Petition

  Hearing notice is mailed or delivered to the spouse, children and other heirs, devisees and named executors at least 14 days before the hearing (Neb. Rev. Stat. §§30-2427, 30-2220).

• Notice to Creditors and Claims Period

  Notice is published for three successive weeks, first within 30 days after appointment, and claims are generally due within two months after first publication (Neb. Rev. Stat. §§30-2483, 30-2485).

• Bond Request or Waiver

  Bond is required unless an exception applies, such as a will waiver or written waivers from all heirs or devisees (Neb. Rev. Stat. §30-2446).