Omaha Estate Administration Attorney

Administering an Estate in Nebraska

When an individual passes away, their remaining assets and debts must be properly handled in a process known as estate administration. There are several elements of estate administration, including asset distribution, debt paying, probate, and possible litigation. This is overseen by the court and managed by the personal representative of the estate. The personal representative (also known as the “executor”) is someone who is either named in the decedent’s will or appointed by the court if the decedent passed without a will.

At Carlson & Blakeman, LLP, we assist clients with all aspects of estate planning and administration. Our attorneys have decades of experience navigating Nebraska estate administration and probate laws, and we understand the importance of personalized legal counsel in these matters. No two situations are the same, which is why we tailor our services to the unique needs of each individual client. As your legal representation, we will be there to advise you, guide you, and protect your rights at every stage of the estate administration process.

To speak to one of our Omaha estate administration attorneys, contact us online or call (402) 858-0996. We offer complimentary consultations and Spanish-language services.

How Long Do You Have to Settle an Estate in Nebraska?

When it comes to settling an estate, several deadlines typically apply. In general, there is no single time limit by which the personal representative must settle the estate, but they are required to meet applicable deadlines throughout the process.

Estate Settling Deadlines

• Asset Inventory: Once the personal representative applies for authorization from the probate court to settle the estate, they have three months to complete their inventory of the estate. This includes both a list of assets subject to probate, as well as the value of those assets.
• Debts: Creditors generally have 60 days to make a claim against the estate once they have been alerted to probate proceedings. If the personal representative wishes to deny an invalid creditor claim, they have four months from the date of notice to do so.
• Inheritance Tax: The personal representative has one year from the date of the decedent’s death to file the state inheritance tax. If the estate is subject to the federal estate tax, the personal representative has nine months to file this return with a possible six-month extension.
• Asset Distribution: The personal representative must wait until all taxes have been paid and creditor claims have been handled to begin distributing assets.

Generally speaking, the Nebraska probate process takes about six to nine months, but there are some available shortcuts for low-value estates, as well as estates that have certain measures in place to avoid probate. Larger and/or more complex estate can take years to fully settle.

The law requires the personal representative to settle the estate “as expeditiously and efficiently as is consistent with the best interests of the estate.” In other words, they cannot intentionally, willfully, or wantonly delay estate administration to the detriment of the estate or its beneficiaries.

What Are the Responsibilities of an Estate Administrator?

The estate administrator, or personal representative as they are known in Nebraska, has several important responsibilities. Generally speaking, this person is responsible for managing the various aspects of settling an estate after the estate owner dies.

Specifically, this entails:

• Locating and taking control of the decedent’s assets
• Opening the estate with the probate court
• Completing a full inventory of the estate’s assets
• Communicating with creditors and paying debts
• Denying invalid creditor claims
• Paying applicable taxes, including the Nebraska inheritance tax
• Locating heirs and/or beneficiaries
• Distributing assets
• Closing the estate

Navigating estate administration can be complicated and overwhelming, but our team at Carlson & Blakeman, LLP can help ease the stress, time, and hassle associated with this process. Our attorneys can make sure that you meet applicable deadlines and manage all personal representative responsibilities properly to avoid potential penalties.