Estates

Estates

Instructions and forms on this website are generally a product of the Self-Represented Litigation Committee of the Judicial Branch and are provided as a public service. 

NOTE: THE SUPREME COURT DOES NOT REPRESENT THAT THESE INSTRUCTIONS AND FORMS WILL BE APPROPRIATE IN EVERY CASE. ANY QUESTIONS YOU MAY HAVE REGARDING THE USE OF THE INSTRUCTIONS AND FORMS SHOULD BE DIRECTED TO A LAWYER.

Although these instructions and forms were developed to assist people who are handling their own legal matters, anyone thinking of handling their own case is urged to consider getting a lawyer.

Settling an Estate

Lawful distribution of a deceased person’s assets and liabilities is handled as an Estate in Nebraska’s County Courts.  Each estate will be different, depending upon the deceased’s property, finances, family and whether the individual expressed his or her wishes in a Last Will and Testament. Because of these differences, filing an estate will most often require the help of an attorney. However, the law does allow you to represent yourself if you so choose.

Settling an estate can be complicated, and completion of the Inheritance tax form and Probate Inventory Worksheet can be difficult.  Because of the complexity of estates, this Self-Help Center cannot provide forms for all possible situations in this process. Click here to view a flowchart of the process to file an Informal Probate when the deceased has left a will. 

You have the option to hire a lawyer to do only part of your case.  This is called Limited Scope Representation.

You may be able to proceed without Probate if:

  • the fair market value of the entire estate of the deceased, less liens and encumbrances (everything the deceased owned minus everything the deceased owes) is $50,000.00 or less
  • thirty days or more have passed since death
  • you are not a creditor to the estate
  • there is not a Personal Representative, application for Personal Representative, or petition for Personal Representative and
  • ownership of real property (such as land) does not need to be transferred.

NOTE: UNLESS YOU MEET ALL OF THESE REQUIREMENTS YOU SHOULD NOT ATTEMPT TO SETTLE THE ESTATE YOURSELF, AND YOU SHOULD NOT PROCEED WITHOUT THE HELP OF A LAWYER.

The information provided  on this site will be helpful in transferring limited assets in situations where it is not necessary to file a probate case in the court.

Index to Forms and Information found in this section: