{"id":374726,"date":"2016-04-11T01:23:09","date_gmt":"2016-04-11T06:23:09","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/nebraska-law\/nebraska-probate-and-estate-tax-laws.html"},"modified":"2016-06-20T14:00:00","modified_gmt":"2016-06-20T19:00:00","slug":"nebraska-probate-and-estate-tax-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/nebraska-law\/nebraska-probate-and-estate-tax-laws.html","title":{"rendered":"Nebraska Probate and Estate Tax Laws"},"content":{"rendered":"\n
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Nebraska Probate and Estate Tax Laws<\/h1>\n
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Created by FindLaw’s team<\/a> of legal writers and editors<\/i><\/p>\n\n | Last updated\n

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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

Dealing with a loved one’s death is a difficult matter and the task of settling the deceased person or decedent’s "estate<\/a> " doesn’t make it easier. Fortunately, Nebraska has a number of probate and estate tax laws which can help with the process.<\/p>\r\n

A decedent’s estate may include cash, property, or other investments. Settling the decedent\u2019s estate after their passing is referred to as estate administration and it usually occurs with the supervision of a probate court. The process may be relatively quick for uncontested estates or "small estates." In Nebraska, small estates are valued at $50,000 or less. The process may be longer for contested estates. This is a quick summary of Nebraska’s probate and estate tax laws.<\/p>\r\n

Nebraska Probate and Estate Tax Laws<\/h2>\r\n

The following table outlines Nebraska’s probate and estate tax laws.<\/p>\r\n\r\n
Code Sections<\/b><\/td>\r\n

NEB. REV. STAT. \u00a7\u00a7 30-103.01<\/a> et. seq., 77-2001<\/a> et seq.<\/p>\r\n<\/td>\r\n<\/tr>

Types of Estate Administration<\/b><\/td>\r\n

Regular probate proceedings include uncontested and contested estates. Small estates can bypass or go through a simplified version of regular probate proceedings.<\/p>\r\n

Uncontested estates<\/u>:<\/p>\r\n

The executor<\/a> files a petition for probate, notice is given to all interested parties of a hearing on the petition, and a judge admits the will into probate.<\/p>\r\n

Contested estates<\/u>:<\/p>\r\n

After a petition for probate, an interested party can contest the probate by providing written grounds for contest. A judge hears evidence from both sides at a trial and then issues a decision to admit or refuse to admit the will into probate.<\/p>\r\n

Small estates<\/u>:<\/p>\r\n

Regular probate proceedings can be bypassed by the filing of affidavit by an interested party. For affidavits for personal or real property, the value cannot exceed $50,000 after payment of liens and encumbrances.<\/p>\r\n

A simplified probate process can also be requested to shorten the probate process. The simplified process can be used if the value of the estate, less liens and encumbrances, doesn’t exceed allowances, exempt property, administration costs, funeral expenses, and medical expenses of the decedent’s last illness which are due.<\/p>\r\n<\/td>\r\n<\/tr>

Family Allowances<\/b><\/td>\r\n

The surviving spouse is entitled to a homestead allowance of $7,500 if the decedent died before January 1, 2011 or $20,000 if the decedent died on or after January 1, 2011. If there is no surviving spouse, each of the decedent’s dependent or minor children is entitled to their proportionate share of the $7,500 or $20,000 homestead allowance.<\/p>\r\n

In addition to the homestead allowance, the surviving spouse and dependent minor children are entitled to a reasonable family allowance in money from the estate for one year.<\/p>\r\n<\/td>\r\n<\/tr>

What Assets Go Through Probate?<\/b><\/td>\r\nA person’s real and personal property at the time of his or her death.<\/td>\r\n<\/tr>
Estate or Inheritance Taxes?<\/b><\/td>\r\n

Yes. The Nebraska inheritance tax is based on the value of the assets received and the beneficiary’s degree of kinship to the decedent.<\/p>\r\n