Detailed Answer

Short answer: A will alone usually cannot keep assets out of probate in Nebraska. To avoid probate you must use tools that transfer ownership outside the will—for example, beneficiary designations, payable-on-death (POD) or transfer-on-death (TOD) registrations where available, joint ownership with right of survivorship, or a revocable living trust. Each tool works differently and applies only to certain types of property.

How Nebraska treats wills and probate

In Nebraska, a will controls only the distribution of assets that are actually part of your probate estate when you die. Probate is the court process that validates the will (if any), pays creditors, and distributes remaining assets. If an asset passes automatically by operation of law (for example, because it has a valid beneficiary designation or is owned jointly with survivorship), it will typically not be part of probate and therefore is not controlled by the will. For an overview of Nebraska’s probate laws, see the Nebraska Probate Code: Neb. Rev. Stat., Chapter 30 (Probate).

Common ways to avoid probate in Nebraska

• Beneficiary designations: Life insurance policies, IRAs, 401(k)s and many retirement plans pass to the named beneficiary outside probate. To work properly, beneficiary forms must be correctly completed and up to date.
• POD / TOD bank and brokerage accounts: Many banks and brokerage firms let you name a payable-on-death (POD) or transfer-on-death (TOD) beneficiary for accounts so the named person gets the funds without probate.
• Joint ownership with right of survivorship: If you hold property (bank accounts, real estate in most cases, or other assets) as joint tenants with right of survivorship, the surviving co-owner generally owns the whole asset immediately at death and the asset bypasses probate.
• Trusts (revocable living trust): Placing assets into a revocable trust during life keeps those assets out of probate. The trust’s successor trustee distributes assets under the trust terms after death. Trusts also help with incapacity planning.

Real property and Nebraska

Real estate is often the most important asset when planning probate avoidance. Options include co-ownership with survivorship or funding a trust with the deeded property. Some states offer a statutory “transfer-on-death” deed for real estate; whether that specific vehicle is available in Nebraska or how to use it correctly requires checking the current statutes and procedures or consulting an attorney. See the Nebraska Probate Code (Chapter 30) for related provisions and to confirm available options: Neb. Rev. Stat., Chapter 30.

Wills: what they do and don’t do

A will is essential if you want to nominate a guardian for minor children or express final wishes for probate assets. But remember:

• A will must be admitted to probate to take effect for probate assets.
• Assets that already pass by beneficiary designation or survivorship do not get controlled by a will.
• If beneficiary forms are inconsistent with your will, the beneficiary form usually controls for that specific asset.

How to coordinate wills and beneficiary designations so your family gets what you want

1. Make a complete asset inventory: list accounts, titles, beneficiaries, and how each is owned.
2. For each asset, ask: Does it have a named beneficiary or survivorship title? If yes, the asset likely bypasses probate.
3. Decide who should receive each asset and whether you want probate to be involved for that asset.
4. Update beneficiary forms to match your overall plan. Beneficiary forms on retirement accounts and life insurance generally trump your will for those assets.
5. If you want to avoid probate for real estate or many assets, consider funding a revocable living trust and retitling those assets into the trust.
6. If you have minor children, use the will to name a guardian and consider a trust to hold assets for their benefit until they reach an age you choose.

Practical examples (hypothetical)

– Example A: A parent wants life insurance and an IRA to go to the surviving spouse automatically and the house to go to their children. The parent names the spouse as beneficiary on the insurance and IRA (those pass outside probate). For the house, if it’s titled only in the parent’s name, the house will go through probate unless retitled into joint tenancy or into a revocable trust.

– Example B: A couple wants everything to pass to each other and then to their children without probate. They can name each other as primary beneficiaries on retirement plans and life insurance, hold bank accounts jointly with POD designations to children as contingent beneficiaries, and fund a revocable trust that names the children as remainder beneficiaries. The will names guardians for minors (wills are still needed for guardianship).

Common pitfalls

• Failing to update beneficiary forms after major life events (marriage, divorce, birth, death).
• Assuming a handwritten note or an outdated form will override a current beneficiary designation.
• Relying solely on joint ownership when that ownership causes other problems (creditor exposure, gift tax or unintended ownership consequences).
• Assuming trusts or TOD devices eliminate the need for a pour-over will or incapacity planning documents.

When probate might still be necessary

If assets have no beneficiary designation, are solely in the decedent’s name, or if the validity of transfers is contested, probate will usually be required. Also, probate may be necessary to clear title to real estate or to provide official court authorization to pay creditors.

Next steps

1. Inventory titles and beneficiary designations.
2. Update beneficiary forms and retitle assets you want to pass outside probate.
3. Consider a revocable living trust for property you want to keep out of probate (especially real estate).
4. Keep a properly executed will to handle probate assets and to name guardians for minors.
5. Consult a Nebraska estate planning attorney to confirm which tools fit your family’s facts and to prepare valid documents.

Primary statutory reference: Nebraska Probate Code: Neb. Rev. Stat., Chapter 30.

Disclaimer: This article is for general informational purposes only and is not legal advice. It does not create an attorney-client relationship. For advice about your particular situation, consult a licensed Nebraska attorney.

Helpful Hints

• Gather account statements, deeds, and beneficiary forms before meeting an attorney.
• Check and update beneficiaries after marriage, divorce, birth, or death.
• Don’t rely solely on a will to distribute retirement accounts or life insurance.
• Consider a trust if you want to avoid probate for real estate or multiple assets.
• Keep a separate document listing who has access to digital accounts and passwords—this can ease administration after death.
• Ask an attorney about protecting inheritances from creditors and about tax consequences for large estates.