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You may be able to avoid probate in Nebraska if you: Establish a Living Trust. Title assets in Joint Tenancy.
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.
What Is a Small Estate? Nebraska Revised Statute §30-24, 125 recites the guidelines. Basically, if a decedent's estate involves less than $50,000 in probatable personal property and/or $50,000 or less in real estate, no probate is required.
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.
Specifically, this entails: Locating and taking control of the decedent's assets. Opening the estate with the probate court. Completing a full inventory of the estate's assets. Communicating with creditors and paying debts. Denying invalid creditor claims. Paying applicable taxes, including the Nebraska inheritance tax.
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 ...
Most people are surprised to learn that Nebraska's intestacy laws, which apply when a resident dies without a will, dictate who gets what. For a married person with no children, Nebraska law says $100,000 plus one-half of your remaining assets go to your spouse, and the balance of your assets go to your parents.
In Nebraska, for example, probate is required if the total fair market value of all the decedent's personal property, wherever located, less liens and encumbrances, is more than fifty thousand dollars ($50,000).