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Trusts: If the deceased had a trust, you will not need to go through probate. Trusts are created to allow the deceased's family and friends to inherit without having to go through the long and expensive probate process.
Some families may be eligible for a simplified probate process, which applies to estates valued at less than $50,000. 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.
You may be able to avoid probate in Nebraska if you: Establish a Living Trust. Title assets in Joint Tenancy.
10 tips to avoid probate Give away property. Establish joint ownership for real estate. Joint ownership for other property. Pay-on-death financial accounts. Transfer-on-death securities. Transfer on death for motor vehicles. Transfer on death for real estate. Living trusts.
What Is a Small Estate? Nebraska Revised Statute §30-24, 125 recites the guidelines. Basically, if a decedent's estate involves less than $50,000 in probatable personal property and/or $50,000 or less in real estate, no probate is required.
For small estates, an affidavit can be presented to the person or entity who has the property to show that you are entitled to the property. You may have inherited the property because of the terms of a will, or under the Nebraska probate code based on your relationship with the deceased.
Own property jointly. Making your spouse or someone else a joint owner facilitates the transfer of the asset without the need for probate. Some ways to hold such assets include joint tenancy with right of survivorship, tenancy by the entirety and community property with right of survivorship.
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.