What Happens If You Die Without a Will in Nebraska?
One of the most common reasons people delay estate planning is the perceived cost. But here’s the reality: the cost of not having a will in Nebraska is almost always higher—financially, emotionally, and legally.
When someone dies without a valid will, Nebraska law takes over. And what happens next might look nothing like what they would’ve wanted.
Nebraska Law Decides Everything If You Don’t Have a Will
When you die without a will, it’s called dying intestate. At that point, Nebraska’s intestate succession statutes (Neb. Rev. Stat. § 30-2301 et seq.) control who gets what—and how it all happens. Your wishes, your relationships, and your unique circumstances are no longer the priority. The law is.
This process doesn’t happen automatically. A family member, partner, or other interested party must petition the Nebraska County Court to be appointed as personal representative (what Nebraska calls an executor). And here’s the kicker: you don’t get to pick that person. Nebraska law sets a priority list for who may serve.
Often, the person applying must post a court-approved bond—an insurance policy that protects the estate from mismanagement. That bond can be expensive, sometimes exceeding the value of the estate itself, and it’s only waived if the will says so (which, of course, doesn’t help if there is no will) or if all heirs agree.
The Financial and Legal Fallout of Dying Intestate in Nebraska
Dying without a will in Nebraska triggers a full probate process for most estates, unless the estate is exceptionally small. That means:
Court filing fees
Bond premiums
Attorney fees
Delays in access to funds
Family disputes over who should handle what
And while all that’s happening, banks often freeze individual accounts until a court order is in place. That means your loved ones could struggle to pay for bills, funeral costs, or even basic living expenses while probate gets sorted out.
Even if you think you “don’t have much,” many Nebraska families have a house, retirement accounts, a life insurance policy, or jointly owned property. If any of that is titled only in your name—or lacks designated beneficiaries—it’s going through probate. And without a will, your loved ones are left to navigate it blind.
Nebraska’s Intestate Succession Law Might Leave Out the People You Love
Nebraska law follows a fixed formula for inheritance if you die without a will. That might seem fair on the surface—but life isn’t a formula.
Here are a few common situations where things can go sideways:
Unmarried long-term partner? They get nothing.
Blended family? Kids from a previous relationship might not be protected.
Estranged child or sibling? They may receive a share regardless of your wishes.
Minor children? The court decides who manages their inheritance.
The law doesn’t know your story. A will is how you make sure it’s told the right way.
No Will Means More Stress at the Worst Possible Time
The legal process after a loved one’s death is already complicated. But when there’s no plan in place, it becomes overwhelming. Families are left piecing together bank statements, searching for passwords, and arguing about “what they would have wanted”—while still in the midst of grief.
I’ve watched families spend more on legal fees than they would have on a comprehensive estate plan. More importantly, I’ve seen how much harder it is for loved ones to begin healing when there’s chaos, confusion, or conflict.
A Will Is More Than a Document—It’s a Gift
Having a valid Nebraska will—and a broader estate plan—doesn’t just protect your assets. It protects your people. It makes sure your voice is still heard when you’re not here to speak. And it gives your loved ones clarity, direction, and a smoother path forward.
Frequently Asked Questions
What happens in Nebraska if you die without a will?
If you die intestate (without a will), Nebraska law decides who manages your estate and who inherits your assets, based on a fixed statutory order. This process often involves probate court, delays, legal fees, and potentially outcomes you didn’t intend.
Who inherits if there is no will in Nebraska?
Nebraska intestate succession law provides a specific order: typically, spouses and children inherit first. If there are no children or surviving spouse, the estate may pass to parents, siblings, or more distant relatives. Unmarried partners are not included.
Is a bond required if I don’t have a will?
Yes, unless the court waives it or all heirs agree to waive it. The bond protects the estate from mismanagement, but it can be expensive and delay probate if not planned for.
Can my partner inherit if we’re not legally married?
No. Under Nebraska law, only legal spouses have inheritance rights without a will. If you want your partner to inherit, you must include them in a valid estate plan.
What if I only have a small estate?
Some very small estates (generally under $100,000 in personal property) may qualify for a simplified process like a small estate affidavit. But this does not apply to real estate and doesn’t help if you own a home or have multiple financial accounts without beneficiaries.