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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. Estate of Hansen v.
Informal proceedings are more common, less complicated, less expensive, less time-consuming and generally sufficient to the task; they involve fewer filings, fewer notice requirements and less supervision by the court. Formal proceedings, on the other hand, are litigation.
The probate process in Nebraska: step-by-step 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.
If your loved one left a valid will, you must file probate. Nebraska probate code requires this process so they can verify the will. However, probate is still necessary in the absence of a will.
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.