Avoiding Probate in Nebraska: When and How It’s Possible

The word “probate” often conjures images of endless paperwork, court appearances, and significant legal fees—and for good reason. It’s the standard legal process for settling an estate after someone dies. But what if there was a way to make things simpler, faster, and more private for your loved ones in Nebraska? The good news is, there are several legitimate and effective ways to avoid probate altogether.

Whether you’re planning your own estate or handling a loved one’s affairs, understanding when probate is required—and how to bypass it—can save your family time, money, and stress.

When Probate Isn’t Required in Nebraska

In Nebraska, probate isn’t always necessary. Some estates can bypass it entirely depending on their size, asset types, and how those assets are titled.

1. Small Estate Affidavit (Real Property or Personal Property)

Nebraska allows estates to skip probate using a small estate affidavit if:

• The entire estate subject to probate is worth $100,000 or less (as of July 19, 2024), and

• For real estate, the assessed value (minus taxes due) is under the cap, and

• No probate has been opened

These affidavits allow heirs to collect property without court proceedings, simply by filing proper paperwork. Note: Nebraska also has a very simple affidavit process for transferring vehicles directly to an heir.

2. Non-Probate Assets

Certain assets pass automatically to beneficiaries without going through probate. These include:

• Jointly held property with right of survivorship (e.g., real estate or bank accounts held with another individual, like a spouse, child, or trusted friend)

• Transfer on Death (TOD) deeds for real estate (Neb. Rev. Stat. §§ 76-3401 to 76-3422)

• Payable on Death (POD) or TOD accounts for bank or brokerage funds

• Beneficiary-designated assets like life insurance policies and retirement accounts

If all assets fall into these categories, there may be no need for probate at all.

3. Revocable Living Trusts

If you place your assets in a revocable living trust and properly fund it (meaning you transfer ownership of your assets into the trust’s name), they don’t go through probate when you die. The trust owns the assets, and the successor trustee can distribute them privately and without court involvement. This is a popular method for avoiding probate and maintaining privacy, but its effectiveness relies entirely on ensuring your assets are actually retitled into the trust’s name.

Understanding these options is the first step. The next is to work with an attorney to implement the strategies that best fit your unique circumstances and ensure your plan is legally sound.

Why You Might Want to Avoid Probate

• It’s Public: Probate filings are court records. Anyone can access them.

• It’s Slow: Even simple cases can take months. Complex ones can take years.

• It’s Costly: Filing fees, court costs, attorney fees—it adds up.

• It Can Stir Conflict: When everything is public and contested, emotions flare. The public nature of probate can expose family disputes, allow disgruntled relatives to challenge a will, or even give creditors unnecessary insight into the estate, often leading to more intense emotional and legal battles.

When Probate Is Necessary

You’ll need to go through probate if:

• There’s no will and assets aren’t jointly held or have no beneficiary

• The estate is over $100,000 in probate assets

• There are disputes among heirs or creditors

• Assets are titled solely in the deceased person’s name

Even if you can’t avoid probate entirely, it can often be streamlined through informal probate (Neb. Rev. Stat. § 30-2401 et seq.), a simplified court-supervised process in Nebraska for uncontested estates with a valid will.

Planning Ahead to Avoid Probate

If you want to help your loved ones bypass probate in Nebraska:

• Create and fund a revocable living trust

• Use TOD or POD designations on bank accounts, stocks, and retirement funds

• Title property jointly with right of survivorship

• Use Transfer on Death Deeds for real estate

• Keep assets organized and accessible so that your wishes are clear

• Regularly Review and Update: Life changes. Beneficiaries, ownership titles, and trust provisions should be reviewed periodically (e.g., every 3–5 years or after major life events like marriage, divorce, birth, death, or acquisition of new assets) to ensure they still align with your wishes and current laws

Final Thoughts

Avoiding probate isn’t just a legal strategy—it’s a kindness. It makes things easier for the people you care about, and keeps your affairs private and efficient.

If you’re not sure whether probate is required—or want help making a plan to avoid it—let’s talk. Contact me at 402-259-0059 or zach@zandersonlaw.com.