Estates

Estates

Introduction

Settling an estate can be complicated, and completion of the Inheritance tax form and Probate Inventory Worksheet can be difficult.  Representing yourself in such cases may not be appropriate or wise. Although it is up to you to decide whether and how you use a lawyer in your case, the law does allow you to represent yourself, known as proceeding pro se (pronounced "pro-say"). Another option is to hire a lawyer to do only part of your case.  This is called Limited Scope Representation.

Because of the complexity of estates, this Self Help Center cannot provide forms for all possible situations in this process. Although these instructions and forms were developed to assist people better understand legal processes or who may wish to handle their own legal matters, anyone thinking of handling their own case is urged to talk to a lawyer or explore resources available in the Nebraska Online Legal Self-Help Center.

If you would like to read more about ESTATES click here.

Flowchart

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 below and the forms available will be helpful in transferring limited assets in situations where it is not necessary to file a probate case in the court.  

TRANSFER OF PERSONAL PRPOERTY WITHOUT PROBATE
To read more and find the forms related to this process click here.

TRANSFER OF REAL PROPERTY WITHOUT PROBATE
To read more and find the forms related to this process click here.

TITLE TRANSFER FOR THE DECEASED’S MOTOR VEHICLE
Click here to be directed to the DMV website.


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

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.