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Intestate Succession Laws in Nebraska

In Nebraska, a surviving spouse receives the first $150,000 plus one-half of the balance both when all of the deceased's children are also the spouse's and when there are no descendants but a parent survives. Nebraska is not a community property state.

Last checked . General information, not legal advice.

Nebraska at a glance

Spouse share with shared children
First $150,000 plus 1/2 of the balance
If any descendant is not the spouse's: 1/2 of the estate.
Spouse takes all with shared children
No
Spouse share with parents, no descendants
First $150,000 plus 1/2 of the balance
Community property state
No

Sources

Last checked

The rules in Nebraska

How much does a surviving spouse inherit in Nebraska when the deceased leaves children who are also the spouse's children?

Spouse share with shared children in Nebraska: First $150,000 plus 1/2 of the balance. If any descendant is not the spouse's: 1/2 of the estate.

Does a surviving spouse in Nebraska inherit the entire intestate estate when all of the deceased's children are also the spouse's children and the spouse has no other descendants?

No. Spouse takes all with shared children in Nebraska: no.

How much does a surviving spouse inherit in Nebraska when the deceased leaves no descendants but at least one parent is alive?

Spouse share with parents, no descendants in Nebraska: First $150,000 plus 1/2 of the balance.

Is Nebraska a community property state?

No. Community property state in Nebraska: no.

Where do the Nebraska intestate succession laws come from?

The rules above come from Neb. Rev. Stat. 30-2302. Each source is linked on this page. We last checked them in October 2026.

Good to know

Section 30-2302 was amended by Laws 2026, LB838, operative July 18, 2026, which set both dollar amounts at $150,000.

What this means in practice

Intestate succession rules apply only to probate property. Assets with a named beneficiary or a survivorship feature, such as life insurance, retirement accounts, payable-on-death accounts, jointly owned property with a right of survivorship and transfer-on-death deeds, usually pass outside these rules.

Family situations change the result. Children from a prior relationship, adopted children, a pending divorce or a legal separation can all affect who inherits and in what shares, so check how the statute treats each of these before relying on a simple summary.

Real estate is generally governed by the law of the state where it is located, while other property usually follows the law of the state where the person lived. A person who owns land in more than one state may have more than one set of rules apply to the estate.

General information, not legal advice. Laws change, and cities can add their own rules, so check the current statute before you rely on it.