Nebraska Probate Records (2024)

FAQs

How do I find probate records in Nebraska? ›

In most counties in Nebraska probate records have been kept by the county judge. They include wills, fee books, claim registers, legacy records, inheritance records, probate ticklers, and dockets. They are available at the county courthouses. The FamilySearch Library has microfilms of many county probate records.

Probates are required for all estates exceeding $100,000 in the state of Nebraska. A petition must be filed along with the original will. If the decedent had no will, the estate will be distributed according to the laws of intestate succession where the assets are distributed to decedent's legal heirs.

In Nebraska, you can make a living trust to avoid probate for virtually any asset you own—real estate, bank accounts, vehicles, and so on. You need to create a trust document (it's similar to a will), naming someone to take over as trustee after your death (called a successor trustee).

When a pleader intends in good faith to deny only a part or a qualification of an averment, the pleader shall specify so much of it as is true and material and shall deny only the remainder.

Like most states, Nebraska offers online access to some public records. The state's Online JUSTICE Court Case Search System provides access to court case information, including criminal records. The State Treasurer also has an online search tool that allows users to check for unclaimed property and money.

The probate process in Nebraska begins with the filing of a Petition for Appointment of a Personal Representative in the County Court so the personal representative can obtain letters testamentary and proceed with the administration of the estate.

Uncontested estate: All possible heirs agree to intestate succession, and the probate court proceeds as per the law. Small estate: Estates worth less than $50,000 can be filed as a small estate to skip probate.

Final disposition of probate cases should be within 1 year from filing except when a federal estate tax return is required, and in that event 18 months.

When you have been named executor of an estate, generally because your loved one has left a will, you may need assistance with the probate process in Nebraska. While there is a simplified probate process, it is generally meant for small estates, those valued at less than $50,000, this does not apply to many people.

A revocable trust allows you to maintain control of your property during your life, and decide how the property is distributed after death, without needing to go through probate court. Your trust can include your home and any other assets you have, making it a comprehensive solution for your entire estate.

How do I transfer property without probate in Nebraska? ›

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 ...

(A) A person served with a subpoena pursuant to this rule shall permit inspection, copying, testing, or sampling either where the documents or tangible things are regularly kept or at some other reasonable place designated by that person.

(a) When Presented.

(1) A defendant shall serve an answer within 30 days after being served with the summons and complaint or completion of service by publication. (2) A party served with a pleading stating a cross-claim against that party shall serve an answer thereto within 30 days after being served.

§ 3-309. Procedure: Committee on Inquiry; Counsel for Discipline; Disciplinary Review Board. (A) All allegations of misconduct must be filed with the office of the Counsel for Discipline. All allegations of misconduct received by any other person shall be transmitted forthwith to the Counsel for Discipline.

Records come from the appellate court case management system, known as SCCALES, and require a subscriber account through Nebraska.gov. Searches can be performed using the appellate court case number, or the original trial court case number. Viewing the details of any case returned in a search is $1.

The Nebraska Probate Code provides two methods of presenting a claim against a decedent's estate: A claim can be presented by filing a written statement thereof with the clerk of the probate court or by commencing a proceeding against the personal representative in any court which has jurisdiction.

Although divorce records are technically public records in Nebraska, like other vital records in the state, access is restricted to those with legitimate or direct links to the record.