Annotations. Stat. When probate avoidance planning has not been implemented prior to death, the state will require a probate court proceeding if the deceased was a resident or owned assets in the state. Facts about the Transfer of Real Property without Probate Form If you have inherited real property, like land or a house, you may qualify to file an affidavit with the register of deeds to transfer ownership of the real property to you. You may have inherited the real property because of the terms of a will, or under the Nebraska probate code based on your relationship with the deceased. Court-appointed guardians/conservators manage the personal and/or financial affairs of vulnerable persons who can no longer protect themselves. Select the form title to view details for each form. Showing forms matching "Probate" in Nebraska Legal Forms Library This page shows a list of forms contained in the forms database that match the term Probate for the State of Nebraska. § 30-4202, only a lawyer duly licensed by the Nebraska Supreme Court may be appointed to serve as a guardian ad litem in proceedings under the Nebraska Probate Code. (21) Except for purposes of article 26 of the Nebraska Probate Code, interested person includes heirs, devisees, children, spouses, creditors, beneficiaries, and any others having a property right in or claim against a trust estate or the estate of a decedent, ward, or … This is put into practice specifically to protect the rights of decedents, either via a valid will or intestate succession law. 2018 Nebraska Probate Manual Table of Contents VOLUME 1 Chapter 1 - Engagement Agreements..... 41 Probate in Nebraska may be a necessary process regardless of if the decedent died with or without a valid will. (2) When feasible, the duties of a guardian ad litem should be personal to the appointed lawyer and should not normally be delegated to another lawyer. The Affidavit for Transfer of Personal Property without Probate may be used to collect personal property of the deceased, without probate, where: The Nebraska Probate Code does vary somewhat from the Uniform Probate Code. (1) Under Neb. When persons are unable to make responsible decisions about their finances, property, living situations or care because of their age, physical or mental condition, a petition can be filed with the county courts to appoint a Guardian or Conservator. You may have inherited the property because of the terms of a will, or under the Nebraska probate code based on your relationship with the deceased. The 2018 Nebraska Probate Manual is a complete review and update of the probate process from the initial engagement through the final distribution and estate closing. The Probate Process in Nebraska Inheritance Law. The Nebraska Probate Code modifies this pro-vision to the extent that, unless the will specifically grants the power of sale of real property, the personal representative may do so only after securing an order from the court. Rev. Nebraska Probate, Estate and Trust Administration Probate and estate administration are the processes through which estate assets are transferred after death. NOTICE PROVISIONS Following informal probate or appointment, notice of the probate pursuant to section 30-2414 or the appointment pursuant to section 30-2420 must be given by newspaper publication for three weeks within 30 days thereof. 380, 576 N.W.2d 473 (1998). This section clearly states that in a statutory proceeding, the notice required to be given to all interested parties is 14 days. Nebraska real estate valued at $50,000 or less after subtracting out liens and encumbrances, like mortgages. In re Conservatorship of Holle, 254 Neb. 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