Nebraska Intestacy Laws
Nebraska Intestacy Laws
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Nebraska's Intestacy Laws

If you die without a valid will while residing in the State of Nebraska, you are said to have died "intestate."  In order to determine who will receive your property if you die intestate, the State of Nebraska has established a number of laws (known as "intestacy laws" or "laws of intestate succession.") The primary statutes comprising these intestacy laws, or laws of intestate succession, are set forth below. For a more complete list, see Chapter 30 (Decedents' Estates; Protection of Persons and Property) of Nebraska's Revised Statutes.

 

 

30-2301.  Intestate estate.

Any part of the estate of a decedent not effectively disposed of by his will passes to his heirs as prescribed in the following sections of this code.
 

30-2302.  Share of the spouse.

The intestate share of the surviving spouse is:
(1) if there is no surviving issue or parent of the decedent, the entire intestate estate;
 
(2) if there is no surviving issue but the decedent is survived by a parent or parents, the first fifty thousand dollars, plus one-half of the balance of the intestate estate;
 
(3) if there are surviving issue all of whom are issue of the surviving spouse also, the first fifty thousand dollars, plus one-half of the balance of the intestate estate;
 
(4) if there are surviving issue one or more of whom are not issue of the surviving spouse, one-half of the intestate estate.
 

30-2303.  Share of heirs other than surviving spouse.

The part of the intestate estate not passing to the surviving spouse under section 30-2302, or the entire intestate estate if there is no surviving spouse, passes as follows:
(1) to the issue of the decedent; if they are all of the same degree of kinship to the decedent they take equally, but if of unequal degree, then those of more remote degree take by representation;
 
(2) if there is no surviving issue, to his parent or parents equally;
 
(3) if there is no surviving issue or parent, to the issue of the parents or either of them by representation;
 
(4) if there is no surviving issue, parent or issue of a parent, but the decedent is survived by one or more grandparents or issue of grandparents, half of the estate passes to the paternal grandparents if both survive, or to the surviving paternal grandparent, or to the issue of the paternal grandparents if both are deceased, the issue taking equally if they are all of the same degree of kinship to the decedent, but if of unequal degree those of more remote degree take by representation; and the other half passes to the maternal relatives in the same manner; but if there be no surviving grandparent or issue of grandparent on either the paternal or the maternal side, the entire estate passes to the relatives on the other side in the same manner as the half;
 
(5) if there is no surviving issue, parent, issue of a parent, grandparent or issue of a grandparent, the entire estate passes to the next of kin in equal degree, excepting that when there are two or more collateral kindred in equal degree, but claiming through different ancestors, those who claim through the nearest ancestor shall be preferred to those claiming through a more remote ancestor.
 
 

30-2304.   Requirement that heir survive decedent for one hundred twenty hours.

Any person who fails to survive the decedent by one hundred twenty hours is deemed to have predeceased the decedent for purposes of homestead allowance, exempt property and intestate succession, and the decedent's heirs are determined accordingly. If the time of death of the decedent or of the person who would otherwise be an heir, or the times of death of both, cannot be determined, and it cannot be established that the person who would otherwise be an heir has survived the decedent by one hundred twenty hours, it is deemed that the person failed to survive for the required period. This section is not to be applied where its application would result in a taking of intestate estate by the state under section 30-2305.

 

30-2305.   Escheat; no taker.

If there is no taker under the provisions of this article, the intestate estate passes to the state.
 
 

30-2306.   Representation.

If representation is called for by this code, the estate is divided into as many shares as there are surviving heirs in the nearest degree of kinship and deceased persons in the same degree who left issue who survive the decedent, each surviving heir in the nearest degree receiving one share and the share of each deceased person in the same degree being divided among his issue in the same manner.
 
 

30-2307.   Kindred of half blood.

The degrees of kindred shall be computed according to the rule of civil law. Relatives of the half blood inherit the same share they would inherit if they were of the whole blood.
 
 

30-2308.   Afterborn heirs.

Relatives of the decedent conceived before his death but born thereafter inherit as if they had been born in the lifetime of the decedent.
 
 

30-2309.   Meaning of child and related terms.

If, for purposes of intestate succession, a relationship of parent and child must be established to determine succession by, through, or from a person,
(1) an adopted person is the child of an adopting parent and not of the natural parents except that adoption of a child by the spouse of a natural parent has no effect on the relationship between the child and that natural parent.

(2) in cases not covered by (1), a person born out of wedlock is a child of the mother. That person is also a child of the father, if:
(i) the natural parents participated in a marriage ceremony before or after the birth of the child, even though the attempted marriage is void; or

(ii) the paternity is established by an adjudication before the death of the father or is established thereafter by strict, clear and convincing proof. The open cohabitation of the mother and alleged father during the period of conception shall be admissible as evidence of paternity. The paternity established under this subparagraph (ii) is ineffective to qualify the father or his kindred to inherit from or through the child unless the father has openly treated the child as his, and has not refused to support the child.
 
Source: Laws 1974, LB 354, § 31, UPC § 2-109.; 
 
[Although subdivision (2) of this section applies specifically to children born out of wedlock, it applies a fortiori to children born in wedlock. This subdivision does not give illegitimate children rights of inheritance superior to those of legitimate children. Divorce proceeding may constitute a final adjudication of paternity within the meaning of subdivision (2) of this section. In re Estate of Trew, 244 Neb. 490, 507 N.W.2d 478 (1993).

A twice-adopted child may not inherit under the rules of intestacy from his first adoptive parent who has consented to the subsequent adoption and relinquished all rights of a parent in relation to that child. In re Estate of Luckey, Bailey v. Luckey, 206 Neb. 53, 291 N.W.2d 235 (1980).
Conflicting evidence of paternity does not prevent a trial court from determining heirs under subsection (2) of this section by clear and convincing evidence because the trial court deserves deference in weighing the credibility of the witnesses and deciding what evidence to believe. In re Estate of Brionez, 8 Neb. App. 913, 603 N.W.2d 688 (2000).

This section does not impose a written notice requirement on an objector. In re Estate of Brionez, 8 Neb. App. 913, 603 N.W.2d 688 (2000).

Under this section and the Nebraska Probate Code, an adopted child is an individual entitled to take as a child, and therefore an adopted child is included as a lineal descendant of its adoptive parent under the statutory definition of "issue." In re Estate of Hannan, 2 Neb. App. 636, 513 N.W.2d 339 (1994).]
 
 
 

[Reference - Nebraska's Intestacy laws]

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