Who Inherits If You Die Without a Will in Nebraska

Surviving spouse takes everything if the deceased left no children/descendants and no parents. If there are no descendants but a parent survives, or if all descendants are also the spouse's, the spouse takes the first $150,000 plus one-half of the rest. If any descendant is not the spouse's, the spouse takes one-half. The rest goes to descendants; if none, to parents; then to brothers and sisters and their descendants; then half to paternal and half to maternal grandparents or their descendants; then to next of kin.

The surviving spouse of a Nebraska resident may elect to take up to one-half of the augmented estate. The petition must be filed within 9 months after death or 6 months after the will is probated, whichever is later; the court may extend the time for cause if asked before it runs out.

Personal property: 30 days after death, a successor may collect money, bank accounts, stock, vehicles and other personal property by affidavit if the value of all personal property in the estate, less liens, is $100,000 or less, no personal representative has been applied for or appointed, and a certified death certificate is attached. The affidavit is signed before a notary and given to whoever holds the property (it is not filed with the court). Real estate: 30 days after death, successors may record an affidavit with the register of deeds if the deceased's Nebraska real estate is worth $100,000 or less (based on the assessed value for the year of death, less taxes owed), with a death certificate and any will attached.