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You can file formal or informal probate starting five days after the person's death, and Nebraska probate laws don't have a set deadline for when you must begin the process.
Generally speaking, the Nebraska probate process takes about six to nine months, but there are some available shortcuts for low-value estates, as well as estates that have certain measures in place to avoid probate. Larger and/or more complex estate can take years to fully settle.
Organize Important Information The first step (and one of the most important ones) in the process of settling an estate is getting organized. You'll want to keep track of both your expenses and all the time you spend working on settling the estate, as you're entitled to be compensated. You should look for a Will.
Specifically, this entails: Locating and taking control of the decedent's assets. Opening the estate with the probate court. Completing a full inventory of the estate's assets. Communicating with creditors and paying debts. Denying invalid creditor claims. Paying applicable taxes, including the Nebraska inheritance tax.
Simple estates might be settled within six months. Complex estates, those with a lot of assets or assets that are complex or hard to value can take several years to settle. If an estate tax return is required, the estate might not be closed until the IRS indicates its acceptance of the estate tax return.
The PR for an estate is typically someone named by the decedent in his or her will. A PR acquires his or her authority on behalf of the estate through a probate court's issuance of a letter of personal representation.
You may be able to avoid probate in Nebraska if you: Establish a Living Trust. Title assets in Joint Tenancy.
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.