What Happens If You Inherit a House Without a Will in Nebraska?
When a loved one passes away without a will in Nebraska, their home doesn’t simply pass to the nearest family member. Instead, it’s distributed under the state’s intestacy laws—a legal framework that acts like a default estate plan. While this provides structure, it can be complicated for grieving families to navigate.
Heirs may need to go through probate, determine how the home was titled, and sometimes deal with disagreements among family members. Nebraska offers a simplified process for smaller estates, but many situations require formal court proceedings. Understanding intestacy rules is the first step toward making informed decisions, avoiding costly mistakes, and moving forward with clarity.
Nebraska Intestacy Laws: Who Inherits the House?
Surviving spouse and children:
If all surviving children are also the spouse’s children, the spouse inherits the first $100,000 plus half of the rest.
If there are children from another relationship, the spouse receives one-half, and the children share the other half.
Surviving spouse but no children:
If no children survive, the spouse inherits the entire estate.
If the deceased’s parents survive, the spouse receives the first $100,000 plus half of the balance, and the parents inherit the rest.
No spouse:
The estate passes equally to children. If none survive, it goes to parents. If no parents, then siblings or more distant relatives.
No relatives at all:
The estate “escheats” to the State of Nebraska—a rare outcome.
Probate and the Role of the Personal Representative
In most cases, heirs can’t transfer ownership of a home without probate. Probate is a court-supervised process where a judge appoints a personal representative (sometimes called an executor) to handle debts, taxes, and property distribution.
For estates valued at $100,000 or less, Nebraska law provides a shortcut. Heirs can sometimes use an Affidavit for Transfer of Real Property instead of full probate. This requires at least 30 days to pass since death and agreement among heirs.
Why the Property Title Is the First Thing to Check
The home’s title can change everything—it’s the first detail any lawyer will review.
Joint Tenancy with Right of Survivorship: If the deed lists joint tenants with survivorship rights, the surviving owner automatically inherits the home outside probate.
Transfer on Death Deed (TODD): Nebraska allows property owners to name a beneficiary on the deed. A TODD lets the property pass automatically at death, without probate.
Homestead Rights and Family Allowances: Nebraska law protects a surviving spouse and minor children, often allowing them to remain in the home and receive financial allowances from the estate.
Why Relying on Intestacy Laws Is Risky
Intestate succession is only a safety net. It doesn’t account for your loved one’s wishes and can create unexpected outcomes. Siblings may inherit a house together, becoming co-owners who must agree on whether to sell, rent, or keep it. If they can’t agree, they may need to file a partition action to force a sale.
Intestacy also doesn’t prevent disputes, delays, or additional costs. Tools like wills, trusts, or transfer-on-death deeds provide clarity, reduce expenses, and avoid unnecessary conflict.
Frequently Asked Questions (FAQ)
Do I need probate to inherit a house in Nebraska?
Not always. Joint tenancy, TODDs, or small estates under $100,000 may avoid probate. Otherwise, probate is usually required to legally transfer the home.
What if my siblings and I inherit a house together?
You become co-owners, or “tenants in common.” Options include selling and splitting proceeds, one sibling buying out the others, or renting the home together. If you can’t agree, the court can order a sale.
What happens to the mortgage on an inherited house?
The mortgage remains. Heirs inherit the home with the loan attached. Federal law generally prevents lenders from demanding full repayment immediately when inherited by family.
Does Nebraska have an inheritance tax?
Yes. Nebraska is one of the few states with an inheritance tax. Spouses are exempt. Children pay a small rate (1% over $100,000), while more distant relatives and non-family may owe higher rates.
Can I sell an inherited house right away?
Not until the legal transfer process is complete. If probate is required, the personal representative must handle the sale, with court approval if necessary.
Get Guidance Tailored to Your Situation
Inheriting a house without a will can be overwhelming—especially when you’re also grieving. Nebraska’s intestacy laws provide a path forward, but it’s rarely simple. Our firm helps heirs handle probate, property transfers, and family disputes with clarity and compassion.
Contact Zachary W. Anderson Law today for guidance on your next steps.