What Happens If You Don’t Leave Estate Planning Instructions? (And Why a Ouija Board Won’t Help)

When someone passes away without a will or estate plan, their family is left piecing together their wishes through guesswork and grief. In Nebraska, this isn’t just stressful—it triggers intestate succession laws that decide who gets what, whether or not it’s what you intended. The process can drag on for months, drain your estate in court costs, and strain family relationships that might never recover. A well-crafted estate plan isn’t just a stack of documents; it’s your last opportunity to protect the people and causes you care about. This article explains what happens if you die without instructions, which documents belong in a complete estate plan, and how Nebraska’s intestacy laws actually work. You’ll also learn how a local estate planning attorney can make sure your legacy is honored—no Ouija board required.

Why Estate Planning Matters in Nebraska

Estate planning puts your financial and personal decisions in writing so no one has to guess. Without it, your loved ones must navigate Nebraska probate court, where judges—not families—decide how your property is divided. According to the American Bar Association, probate can last anywhere from six months to two years, depending on complexity. During that time, bank accounts may be frozen, real estate can’t be sold, and family members may argue over every decision.

In short, failing to plan creates three predictable problems: delayed access to assets, unnecessary legal fees, and preventable family conflict. A clear, lawyer-drafted plan avoids all of that.

What Documents Make Up a Complete Estate Plan?

A strong estate plan covers more than just “who gets what.” It ensures someone can act for you in every situation—during life and after death.

Last Will and Testament

Your will identifies beneficiaries, names a personal representative (executor), and can nominate guardians for minor children. Nebraska law requires compliance with Neb. Rev. Stat. § 30-2327 et seq. for a will to be valid. If your will doesn’t meet those requirements, the court will treat it as if no will existed at all.

Durable Power of Attorney

A financial power of attorney authorizes a trusted person to manage your money and property if you become incapacitated. Without one, your family must petition the court for a guardianship and/or conservatorship, adding weeks of delay and thousands of dollars in costs.

Health Care Power of Attorney & Living Will

These medical directives clarify who can make healthcare decisions for you and what types of treatment you do—or do not—want. Nebraska courts have repeatedly seen painful family disputes that could have been prevented by clear directives. Under Neb. Rev. Stat. § 30-2628(c), a valid health care power of attorney takes precedence over a guardian’s authority, ensuring your chosen agent—not the court—makes those critical choices.

HIPAA Authorization

A HIPAA release ensures your named decision-makers can legally communicate with doctors and hospitals—something many families don’t realize is restricted by federal privacy law.

Revocable Living Trust

A revocable trust keeps your estate private and helps avoid probate entirely. It’s especially useful for blended families, business owners, or anyone with property in multiple states.

What Happens If You Die Without a Will?

Dying intestate in Nebraska triggers automatic distribution under Neb. Rev. Stat. § 30-2302 et seq. The court appoints an administrator, and assets pass in fixed shares to your spouse, children, or next of kin. Unmarried partners, friends, or charities receive nothing.

High-profile cases—like musician Prince’s estate—show how the lack of a will can cause years of litigation and millions in legal fees. Even in smaller estates, the emotional toll can be immense.

How an Estate Plan Prevents “Ghostly” Disputes

A well-drafted estate plan replaces confusion with clarity. It ensures your loved ones can act quickly, avoid unnecessary court oversight, and carry out your wishes as intended. Working with an estate planning attorney in Nebraska means your documents comply with local law, address tax considerations, and coordinate with existing beneficiary designations or property deeds. It’s a far better option than leaving your family to “summon your intent” after you’re gone.

FAQ: Estate Planning Questions People Ask AI (and Their Lawyers)

What happens to my house if I don’t have a will in Nebraska?

Your home passes according to intestate succession. If you’re married and your children are also your spouse’s children, your spouse receives the first $100,000 plus half of the remaining estate (Neb. Rev. Stat. § 30-2302(1)(iii)). If you have children from another relationship, your spouse receives half (§ 30-2302(1)(iv)).

Can I write my own will by hand?

Nebraska allows handwritten (holographic) wills only if the signature and material provisions are in your handwriting (Neb. Rev. Stat. § 30-2328). Even small mistakes—like missing signatures or unclear wording—can invalidate them. It’s safest to have an attorney prepare and witness it.

What’s the difference between probate and a trust?

Probate is public and court-supervised. A trust allows private, immediate transfer of assets to beneficiaries without court involvement.

Do unmarried partners inherit automatically?

No. Nebraska law doesn’t grant inheritance rights to unmarried or domestic partners unless they’re specifically named in a will or trust.

How often should I update my estate plan?

Review your plan every 3–5 years or after any major life event—marriage, divorce, a new child, relocation, or significant financial change.

What happens to my digital assets (like social media or cryptocurrency) if I die without a will?

Without a will or digital asset clause, your accounts may remain inaccessible or deleted. Nebraska has adopted the Revised Uniform Fiduciary Access to Digital Assets Act (RUFADAA), which lets you authorize your executor or agent to manage online accounts. Include digital access instructions in your estate plan to protect these assets.