Intestate Procession under the Nebraska Probate Code

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Ryan, Frances M.
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INTRODUCTION|Intestate procession is covered by sections 32-301 through 32-312 of the Nebraska Probate Code. When examining these sections, the first pleasant thought is that the Legislature has finally abolished the useless distinction between real and personal property. Now the attorney merely refers to sections 30-2302 and 30-2303 and divides all the assets as is indicated there.|Before discussing sections 30-2302 and 30-2303, I would like to consider section 30-2322, which has to do with the homestead allowance. The homestead allowance was originally covered by section 40-117 which provided, of course, that a surviving spouse had a life estate in the homestead property. This statute has been repealed as of January 1, 1977. Instead there will be a homestead allowance of $5,000 in value as provided by section 30-2322, which may be satisfied either in cash or in property chosen by the surviving spouse. If there is no surviving spouse, the rights go to the minor and dependent children. In addition, section 30-2323 gives the surviving spouse certain exempt property. The exempt property may consist of household goods, appliances, personal effects and automobiles. In this area the spouse can choose up to $3,500 in value, in excess of security interests. If the property described in this particular statute does not reach that amount, the balance in value can be selected from other property of the estate, if the remaining estate is sufficient to satisfy claims. If there is no surviving spouse, the exempt property goes to the children. The importance of these two items in relation to intestacy is that a homestead allowance and any exempt property are distributed in addition to the intestate share...
9 Creighton L. Rev. 476 (1975-1976)
Creighton University School of Law
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