What information and documents should be gathered before the decedent’s passing to streamline probate in Nebraska? | Nebraska Probate | FastCounsel
NE Nebraska

What information and documents should be gathered before the decedent’s passing to streamline probate in Nebraska?

Detailed Answer

Preparing for probate before a loved one’s passing can save time, reduce stress and lower costs for the estate. In Nebraska, a well-organized file of information and documents helps the personal representative comply with Neb. Rev. Stat. Chapter 30 (Probate Code) requirements, including filing an inventory under § 30-2487 and providing notice under § 30-2454.

1. Personal Identifiers

  • Full legal name, aliases and Social Security number.
  • Date and place of birth; certified birth certificate.
  • Marital status and marriage certificate or divorce decree.
  • Children’s names, birthdates and contact details.

2. Estate Planning Documents

  • Last will and testament: location of original will and any codicils.
  • Revocable or irrevocable trusts, including trustee contact information.
  • Durable power of attorney and health care directives.

3. Asset Records

  • Real estate deeds, mortgage statements and property tax records.
  • Bank and investment account statements with account and routing numbers.
  • Retirement accounts (IRAs, 401(k)s) and beneficiary designations.
  • Life insurance policies: policy numbers and contact for agent.
  • Titles for vehicles, boats and other titled property.
  • Business ownership documents: operating agreements, stock certificates.

4. Liability and Expense Information

  • Mortgage statements, loan documents and creditor contact details.
  • Credit card statements and outstanding balances.
  • Final medical bills and funeral expenses estimates.
  • Tax returns for the past three years and estimated tax liabilities.

5. Digital Assets and Passwords

  • List of email accounts, online banking credentials and social media logins.
  • Access instructions for crypto wallets or peer-to-peer accounts.

6. Professional Contacts

  • Attorney, accountant and financial advisor names and contact information.
  • Insurance agent and real estate broker details.

Organizing these documents in a binder or secure digital folder, with an index, allows the personal representative to file the probate petition under Neb. Rev. Stat. § 30-2402 and promptly satisfy inventory requirements under § 30-2487. Clear organization helps avoid delays and additional court fees.

Helpful Hints

  • Schedule an annual review of documents to keep information current.
  • Store originals in a fireproof safe or, if digital, on encrypted drives.
  • Inform a trusted person where documents are stored and how to access them.
  • Keep beneficiary designations up to date to bypass probate on certain assets.
  • Consult with a Nebraska-licensed attorney if you have unique or complex assets.

Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney about your specific circumstances.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney.