What if I Die without an Estate Plan?

When a person dies without an estate plan, they die “intestate.” When a person dies intestate, or without an estate plan, in Nebraska, their property is distributed according to the state's intestate succession laws. The distribution of the deceased's property depends on the surviving relatives at the time of death. For instance, if the deceased has a surviving spouse and children, the spouse is entitled to the first $50, 000, plus one-half of the remaining estate, while the children divide the remainder.

In the absence of a will or a trust, the deceased's real estate descends to their heirs without the need for estate settlement or a probate order declaring heirship. This means that the heirs can establish title to the property by proving the decedent's ownership, their death, and their relationship to the decedent. In cases where there are no surviving children or descendants of such children, and no surviving spouse, the property descends to the parents, brothers, and sisters of the deceased and their descendants.

If there are no immediate family members, the property may go to more distant relatives, such as first cousins. It's important to note that certain assets, such as proceeds from a wrongful death action, are not considered part of the decedent's estate and are therefore not subject to intestate succession laws unless specified otherwise in Nebraska Revised Statute §30-809.

The Bottom Line:

It is very important to have an estate plate because the intestate succession laws dictate the distribution of a deceased person's property in the absence of a will or trust, with the property generally going to the closest surviving relatives. The specifics can vary depending on the family situation at the time of death and can cause a lot of confusion and heartache in the absence of a well thought out estate plan.