NE risk area
Intestacy risk in Nebraska
How assets are distributed when there is no will and state default rules control the outcome.
Nebraska intestacy gives the surviving spouse a dollar amount plus a fraction in many cases, with the remainder passing to descendants or other heirs in statutory order.
Who inherits first if there is no will?How do spouse and children shares change by scenario?What are the most common surprises families face?
At a glance
Key takeaways
- If there is no surviving issue or parent, the spouse inherits the entire estate.
- If a parent survives but no issue, the spouse receives the first $100,000 plus one-half of the balance.
- If all surviving issue are also the spouse's, the spouse receives the first $100,000 plus one-half of the balance.
- If any surviving issue is not the spouse's, the spouse receives one-half of the intestate estate.
Questions to consider
Questions this risk area helps you evaluate in Nebraska
- Who inherits first if there is no will?
- How do spouse and children shares change by scenario?
- What are the most common surprises families face?
State overview
Nebraska intestacy gives the surviving spouse a dollar amount plus a fraction in many cases, with the remainder passing to descendants or other heirs in statutory order.
- If there is no surviving issue or parent, the spouse inherits the entire estate.
- If a parent survives but no issue, the spouse receives the first $100,000 plus one-half of the balance.
- If all surviving issue are also the spouse's, the spouse receives the first $100,000 plus one-half of the balance.
- If any surviving issue is not the spouse's, the spouse receives one-half of the intestate estate.
- Any remaining estate passes to descendants, then parents, then descendants of parents and more remote relatives.
- An heir must survive the decedent by 120 hours to inherit under intestacy.
Sources
- https://nebraskalegislature.gov/laws/laws-index/chap30-full.html
- https://nebraskalegislature.gov/laws/statutes.php?statute=30-2303
- https://nebraskalegislature.gov/laws/statutes.php?statute=30-2308
Risk sources
- Uniform Probate Code (2019) - Intestate succession (Article II)
Article II, Part 1 covers intestate succession, spouse/descendant shares, and representation rules.
National sources provide baseline context; state statutes and court rules control in Nebraska.