Estate Succession Procedures

In Nebraska, an estate is under the laws of intestate succession if one dies without leaving a will, or the will is successfully contested. The court will distribute the assets of the estate according to statutory instructions, even if relatives and/or friends know how the person who died wanted the estate distributed. The probate court will appoint an administrator to distribute the estate's assets. If a spouse and children/grandchildren survive, the spouse receives the first $50,000 of the value of the estate. Half of the remaining balance goes to the spouse, and the other half is equally divided amongst the surviving children. If a child is deceased, that child's portion is equally divided amongst the dead children's children (in other word's the deceased's grandchildren). If there are no surviving children, but the spouse and the deceased's parents are still alive, the spouse receives the first $50,000. The remaining balance is divided by having one­half going to the spouse and the other half being equally divided amongst the deceased's parents. If only the spouse survives, the spouse receives the entire estate. If only children and grandchildren survive, the estate is equally divided amongst the children and the share of a deceased child is equally divided amongst the deceased child's children. If the only relatives who survive are not the deceased's spouse, parents, children or grandchildren, it is divided amongst surviving blood relatives. If there are no surviving relatives, the estate goes to the state.

The information on this page is meant to provide a general overview of the law. The laws in your state and/or city may deviate significantly from those described here. If you have specific questions related to your situation you should speak with a local attorney.

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