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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.

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.

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.

The estate's assets are used to pay all valid debts, taxes, and expenses of the estate. The executor must identify and notify all creditors, review and pay valid claims, and file and pay any income and estate taxes. Only after all debts and expenses are paid can the remaining assets be distributed to the beneficiaries.

This will help justify their requested compensation, especially if disputes arise among the heirs or beneficiaries. Even without a statutory guideline on executor fees in Nebraska, the common understanding among legal professionals suggests that an executor can expect to receive about 2-5% of the estate's value.

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.