What Happens If You Die Without a Will in Nebraska?

It’s a question I hear often. One common reason people put off getting a will is the perceived cost. But the truth is—the cost of not having one almost always exceeds the cost of putting one in place.

When you die without a valid will in Nebraska, you are considered to have died intestate. And at that point, Nebraska law—not you—decides what happens next.

Someone must apply to administer your estate. This doesn’t happen automatically. A petition must be filed with the County Court, and the court will appoint a personal representative (the official Nebraska term for executor) to handle the estate. Nebraska statutes set out who has priority to be appointed, and your family doesn’t get to choose on the fly.

The person applying will often be required to post a bond unless the court waives it or all interested parties agree to waive it. And that bond is usually in an amount exceeding the estate’s value. This is just to get permission from the court to start acting. The process takes time and costs money—including court filing fees, bond premiums, legal fees, and administrative expenses.

Nebraska intestate probate doesn’t just dictate how your estate is handled—it also dictates who receives it. Nebraska’s intestate succession statutes (Neb. Rev. Stat. § 30-2301 et seq.) lay out an exact order of inheritance. That order may not match your wishes. One common example: if you have a long-term partner but aren’t legally married, Nebraska law provides them nothing—no matter how intertwined your lives were or how long you were together.

There are also practical consequences. Banks typically freeze accounts held solely in your name until a court-appointed personal representative is in place. That can create real financial hardship for surviving partners or dependents.

Now, it’s true that very small estates in Nebraska may qualify for simplified processes, such as small estate affidavits. But for most families with a home, retirement accounts, life insurance, or other significant assets, full probate will be required—especially when there is no will.

And through all of this, your family will be trying to figure everything out while they are grieving. The legal hoops and uncertainty add enormous stress at an already devastating time.

Having a clear will—and a thoughtful Nebraska estate planning strategy—is the last gift you give your family. The smoother you make things for them after you die, the easier you make it for them to heal and move forward.

If you’re ready to put a proper plan in place, I’d be happy to help. You can reach me at 402-259-0059 or zach@zandersonlaw.com to schedule a consultation with a Nebraska estate lawyer who will walk you through everything, step by step.