Nebraska Probate Estate

Once a person dies, their Will needs to be validated by the court in order to transfer property. This is called probate. Nebraska has simplified probate procedures available for estates of smaller value.

Collecting Personal Property by Affidavit – up to $50,000

If the estate does not exceed fifty thousand dollars in personal property, then a person entitled to the deceased’s assets (called a successor) may collect the property by presenting the appropriate affidavit. 30-24,125.

A person can be entitled as a successor by way of a Nebraska Last Will and Testament or by way of intestate succession.

Collecting Real Property by Affidavit – up to $30,000

If the estate is $30,000 or less in real property, then a successor may collect such property by presenting an affidavit to that effect 30 days after the decedent’s death. 30-24,129

Informal Probate by Registrar

A Nebraska Will may be submitted for probate to the registrar of the court. This simplified procedure enables the Will to be proved by simply filing an application together with the original Last Will of the decedent. The registrar has the power to informally probate the Will and to appoint a personal representative on the face of the application. At least 120 hours must have elapsed since the death. 30-2415

The personal representative is the person who administers the estate. It is usually the person appointed as executor by the decedent’s Nebraska Will.

Nebraska Estate Tax

The Nebraska estate tax has now been repealed and no estate tax return needs to be filed if the date of death occurred on or after January 1, 2007. If the death occurred prior to this date and after July 1, 2003, then a Nebraska estate tax return (Form 706N) needs to be filed with the Department of Revenue if the estate has a federal taxable estate of $1,000,000 or more. The return is due 12 months after the date of death.

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