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The task of settling a deceased person's estate, also known as probate, falls upon the executor. In Nebraska, this involves several key steps: validating the deceased's will, inventorying their assets, paying off any debts and taxes, and finally, distributing the remaining assets to the designated beneficiaries.
Some families may be eligible for a simplified probate process, which applies to estates valued at less than $50,000. You can file formal or informal probate starting five days after the person's death, and Nebraska probate laws don't have a set deadline for when you must begin the process.
A personal representative (or legal personal representative), also known as the executor, is the individual chosen to administer the estate of a deceased person. They are designated as such by the decedent or by a court.
A personal representative is under a duty to settle and distribute the estate of the decedent in ance with the terms of any probated and effective will and this code, and as expeditiously and efficiently as is consistent with the best interests of the estate.
(g) A personal representative appointed by a court of the decedent's domicile has priority over all other persons except where the decedent's will nominates different persons to be personal representative in this state and in the state of domicile.
In Nebraska, the probate process generally follows these steps: Filing a petition: A petition must be filed with the local probate court to either admit the will to probate and appoint the executor. Or, if there's no will, to appoint a personal representative of the estate.
You must file the affidavit with the register of deeds office of the county in which the real property of the deceased is located and also file, in any other county in Nebraska in which the real property of the deceased that is subject to the affidavit is located, the recorded affidavit and a certified or authenticated ...
In order to obtain Letters Testamentary, an interested party (typically the nominated executor under the will) must petition the Surrogate's Court and provide pertinent information regarding the decedent, relevant parties (spouse, children, etc.), and the decedent's assets.