Omaha Probate Attorney

Get Experienced Help with Probate and Trust Litigation in Omaha

In Nebraska, nearly all estates must pass through probate as part of the estate administration process. Probate is the formal process of legally dispersing an estate, which involves inventorying and distributing assets, paying outstanding debts, and more. 

In some cases, probate can be a relatively straightforward process. In other cases, it can be much more complex. Sometimes, disputes may even arise that necessitate litigation. Regardless of the situation, Carlson & Blakeman, LLP can help you navigate the probate process. Our Omaha probate and trust litigation attorneys have extensive experience, as well as a reputation for providing personalized, client-focused service. We work directly with our clients to develop customized strategies tailored to their unique needs, concerns, and goals. As your legal partner, we are here to guide you and advocate for you every step of the way.

Do you need help with a probate or a trust-related dispute? Contact Carlson & Blakeman, LLP today at (402) 858-0996 to speak to one of our attorneys at no cost. Hablamos español.

Understanding the Probate Timeline in Omaha

In most cases, probate is a time-consuming process with each step taking several weeks or months to complete. The average length of time to complete probate in Nebraska is anywhere from six months to a year, but the process can be even longer in complex cases involving unusual or high net-worth estates. As a general rule, smaller estates typically go through probate quicker, whereas larger and more complicated estates will take more time.

Strategies to Expedite the Probate Process

There are several methods of shortening probate:

• Creating a Comprehensive Estate Plan: Often, the existence of a solid estate plan significantly reduces the complexity and duration of probate. A sound estate plan should include a last will and testament and/or trust, a power of attorney, and a health care directive and/or living will. A comprehensive estate plan may also include more nuanced trusts and other forms of asset protection.
• Opting for Simplified Probate (If Possible): Some estates may qualify for simplified probate, which is generally a faster and more streamlined process than traditional probate. To be eligible, the estate cannot be valued at $100,000 or more and any real estate included in the estate cannot be worth more than $100,000 after accounting for outstanding mortgages and/or liens.

It is also possible to avoid probate altogether, but this is relatively rare. Unless the decedent took necessary measures to bypass probate, the estate will likely be subjected to this process.

If the decedent died without a will, probate will be necessary. When this occurs, the court will appoint a personal representative (also known as the “executor”) to manage the administration of the estate.

Effective Ways to Avoid Probate in Omaha

There are several instances in which probate can be avoided in Nebraska:

• Meeting the state’s “small estate” exemption
• Setting up a living trust
• Distributing exempt assets
• Establishing asset protection measures

A living trust is one of the best ways to avoid probate in Nebraska, as they are not required to go through probate. Rather, when the owner of the trust dies, the designated beneficiary will receive the assets contained within the trust.