Topic guideUpdated 2026-02-27
Nebraska Probate Without a Will (Intestacy)
How intestate succession works in Nebraska — who inherits, in what order, and how administration differs without a will.
Nebraska's intestacy hierarchy §30-2302
If there is a surviving spouse
- Spouse inherits the entire estate if no surviving descendants or parents
- Spouse receives first $100,000 plus one-half of the balance if the deceased has surviving parents but no children
- Spouse receives first $100,000 plus one-half of the balance (if spouse has no other descendants) if there are surviving children who are also children of the surviving spouse
- Spouse receives one-half of the intestate estate if there are surviving children who are not children of the surviving spouse
💡An heir must survive the decedent by at least 120 hours (5 days) to inherit under Nebraska law.
If there is no surviving spouse
- Descendants take per capita at each generation
- If no descendants: parents inherit equally
- If no parents: siblings (and their descendants) share equally
- Grandparents or their descendants, split by paternal and maternal sides
Administrator appointment §30-2412
Without a will naming an Executor, the court appoints an administrator. Nebraska law establishes a priority order: surviving spouse, then next of kin, then the largest creditor, or another suitable person at the judge's discretion.
💡Unlike an executor named in a will, an administrator may be required to post a bond §30-2446 — a type of insurance policy that protects the estate if the administrator mismanages assets.
Key differences from having a will
- No ability to choose who receives specific items or property
- No ability to name who should serve as Personal representative
- No ability to disinherit a statutory heir (intestacy follows a fixed formula)
- No ability to designate a guardian for minor children
- Distribution may not reflect the deceased person's actual wishes
⚠If the estate involves minor children, a surviving spouse with children from another relationship, or significant assets, legal guidance is strongly recommended. Intestacy rules can produce results that surprise families.
Prepare for Your Consultation
Quick checklist (Probate)
You can start the intake without all of these.
Death certificate
(copy)
Will or trust docs
(if any)
Basic asset list
(accounts / property)
General preparation tips only. Requirements vary by case and county.
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Related guides
Legal authoritiesStatutes referenced on this page
Neb. Rev. Stat. § 30-2302
Spouse's intestate share
Defines what a surviving spouse inherits when there is no will.
- Spouse gets entire estate if no surviving descendants or parents
- With children of both: first $100,000 plus one-half of the balance (if spouse has no other descendants)
- With step-children: one-half of the intestate estate
- Survival requirement: 120 hours (5 days)
Neb. Rev. Stat. § 30-2412
Administrator appointment
Without a will naming an executor, the court appoints an administrator from a statutory priority list.
Verified 2026-09-24 · quarterly review
Neb. Rev. Stat. § 30-2446
Bond requirement
An administrator may be required to post a bond to protect the estate from mismanagement.
Verified 2026-09-28 · quarterly review
Citations link to official or authoritative sources. Laws change — verify current text before relying on any statute. How we verify citations →