Updated September 4, 2026. Quick answer: in Nebraska, dying without a will does not mean the state keeps the estate; it means Nebraska’s intestacy statute (Neb. Rev. Stat. §§ 30-2302 (share of the spouse), 30-2303 (share of heirs other than surviving spouse), 30-2307 (half blood)) decides who gets it, and the surviving spouse usually does not take everything. The single most common misunderstanding on this page: a stepchild or a child from an earlier relationship can cut the spouse’s share sharply below what most people assume.
What this guide covers
Who inherits from Nebraska residents who die without a will is set by statute, not custom: Neb. Rev. Stat. §§ 30-2302 (share of the spouse), 30-2303 (share of heirs other than surviving spouse), 30-2307 (half blood) and the sections around it. It governs only the probate estate: what is left after retirement accounts and life insurance with a living named beneficiary, payable-on-death accounts, property in joint tenancy with survivorship, and anything already in a funded trust have already passed outside it. This page covers the spouse’s share, who inherits if there is no spouse, and the rules that can change the answer: half-blood relatives.
The spouse’s share
When the spouse takes everything: Spouse takes the entire intestate estate only if there is no surviving issue or parent of the decedent. Section 30-2302(1).
When it is less than everything: Section 30-2302: (1) entire estate if no surviving issue or parent; (2) first $150,000 plus one-half of the balance if no surviving issue but a parent or parents survive; (3) first $150,000 plus one-half of the balance if there ARE surviving issue but ALL are also issue of the surviving spouse (no blended family); (4) if one or more of the surviving issue are NOT issue of the surviving spouse, the spouse’s share drops to a flat ONE-HALF of the intestate estate with no $150,000 floor. This is Nebraska’s blended-family reduction: a decedent’s child who is not also the spouse’s child removes the guaranteed first $150,000 and caps the spouse at a straight 50%. Section currently reflects amendment by Laws 2026, LB838, section 15 (operative July 18, 2026).
The intestate share of the surviving spouse is: (1) if there is no surviving issue or parent of the decedent, the entire intestate estate; (2) if there is no surviving issue but the decedent is survived by a parent or parents, the first one hundred fifty thousand dollars, plus one-half of the balance of the intestate estate; (3) if there are surviving issue all of whom are issue of the surviving spouse also, the first one hundred fifty thousand dollars, plus one-half of the balance of the intestate estate; (4) if there are surviving issue one or more of whom are not issue of the surviving spouse, one-half of the intestate estate.
Source: Neb. Rev. Stat. §§ 30-2302 (share of the spouse), 30-2303 (share of heirs other than surviving spouse), 30-2307 (half blood)
If a DIY will fits your situation in Nebraska
In Nebraska, a surviving spouse can end up sharing the estate with a stepchild or a child from an earlier relationship under the default rules above; a will is what lets you decide that instead of the statute. LawDepot builds a state-specific last will and testament.
LawDepot pays us a commission if you buy through this link; it costs you nothing extra. We are not a law firm and this is not legal advice. Affiliate Disclosure.
Who inherits if there is no spouse
Section 30-2303: (1) to the decedent’s issue, by representation if of unequal degree; (2) if none, to parent(s) equally; (3) if none, to the issue of the parents (siblings/their descendants) by representation; (4) if none, half to the paternal grandparents or their issue and half to maternal grandparents or their issue (all to one side if the other side has none), by representation within each half; (5) if none, to the next of kin in equal degree, with kin claiming through the nearest ancestor preferred over kin claiming through a more remote ancestor.
Rules that change the outcome
Half-blood relatives: FULL share, no reduction. Section 30-2307: ‘Relatives of the half blood inherit the same share they would inherit if they were of the whole blood.’
What a will changes
A will does not just skip the statute above; it lets you choose who gets Nebraska property that the intestacy rules would send somewhere else: a spouse who would otherwise share the estate with a stepchild, a partner who is not married and inherits nothing under intestacy at all, or specific people the statute’s ladder never reaches. It also lets you name an executor rather than leaving the court to appoint one. What it does not change: assets that already pass outside probate: a will has no effect on a beneficiary designation, a payable-on-death account, or property held in joint tenancy.
General information drawn from state intestate-succession statutes, not legal advice. Who inherits without a will is STATE law and differs in every state; the spouse’s share, the order of inheritance, and how half-blood and community-property rules apply all change, and every figure here is sourced and dated. We are not a law firm and this is not legal advice.