Title 14, Trusts, Estates and Protective Proceedings

A. The power of a person to leave property by will, and the rights of creditors, devisees and heirs to his property are subject to the restrictions and limitations contained in this title to facilitate the prompt settlement of estates. Upon the death of a person, his separate pro…

Except as provided in section 14-3971, to be effective to prove the transfer of any property or to nominate an executor, a will must be declared to be valid by a statement of informal probate by the registrar, or an adjudication of probate by the court, except that a duly execute…

Except as otherwise provided in chapter 4 of this title, to acquire the powers and undertake the duties and liabilities of a personal representative of a decedent, a person shall be appointed by order of the court or statement of the registrar, shall qualify and shall be issued l…

No proceeding to enforce a claim against the estate of a decedent or his successors may be revived or commenced before the appointment of a personal representative. After the appointment and until distribution, all proceedings and actions to enforce a claim against the estate are…

A. Persons interested in decedents' estates may apply to the registrar for determination in the informal proceedings provided in this chapter and may petition the court for orders in formal proceedings within the court's jurisdiction including but not limited to those described i…

Unless supervised administration as described in article 5 is involved: 1. Each proceeding before the court or registrar is independent of any other proceeding involving the same estate. 2. Petitions for formal orders of the court may combine various requests for relief in a sing…

An informal probate or appointment proceeding or formal testacy or appointment proceeding, other than a proceeding to probate a will previously probated at the testator's domicile and appointment proceedings relating to an estate in which there has been a prior appointment, shall…

Upon the death of a person in whose favor there is a cause of action which has not been barred as of the date of his death, the limitation of the action ceases to run until a personal representative is appointed or until twelve months after the death, whichever first occurs, but …

Every cause of action, except a cause of action for damages for breach of promise to marry, seduction, libel, slander, separate maintenance, alimony, loss of consortium or invasion of the right of privacy, shall survive the death of the person entitled thereto or liable therefor,…

A. Venue for the first informal or formal testacy or appointment proceedings after a decedent's death is: 1. In the county where the decedent had his domicile at the time of his death. 2. If the decedent was not domiciled in this state, in any county where property of the deceden…

If conflicting claims as to the domicile of a decedent are made in a formal testacy or appointment proceeding commenced in this state, and in a testacy or appointment proceeding after notice pending at the same time in another state, the court of this state must stay, dismiss or …

A. Whether the proceedings are formal or informal, persons who are not disqualified have priority for appointment in the following order: 1. The person with priority as determined by a probated will including a person nominated by a power conferred in a will. 2. The surviving spo…

Any person desiring notice of any order or filing pertaining to a decedent's estate in which he has a financial or property interest may file a demand for notice with the court at any time after the death of the decedent stating the name of the decedent, the nature of his interes…

A. Informal probate or informal appointment may be made only by application of one of the following: 1. The surviving spouse of the decedent. 2. An adult child, a parent, a brother or a sister of the decedent. 3. A person who is an heir of the decedent. 4. A person nominated as a…

Upon receipt of an application requesting informal probate of a will, the registrar, upon making the findings required by section 14-3303 shall issue a written statement of informal probate if at least one hundred twenty hours have elapsed since the decedent's death. Informal pro…

A. In an informal proceeding for original probate of a will, the registrar shall determine whether: 1. The application is complete. 2. The applicant has made oath or affirmation that the statements contained in the application are true to the best of his knowledge and belief. 3. …

An application for informal probate shall be declined if it relates to one or more of a known series of testamentary instruments the latest of which does not expressly revoke the earlier, except that a series consisting of a will with its codicils may be informally probated.

If the registrar is not satisfied that a will is entitled to be probated in informal proceedings because of failure to meet the requirements of sections 14-3303 and 14-3304 or any other reason, he may decline the application. A declination of informal probate is not an adjudicati…

A. The applicant must give notice as described by section 14-1401 of the applicant's application for informal probate: 1. To any person demanding it pursuant to section 14-3204. 2. To any personal representative of the decedent whose appointment has not been terminated. No other …

A. Upon receipt of an application for informal appointment of a personal representative other than a special administrator as provided in section 14-3614, if at least one hundred twenty hours have elapsed since the decedent's death, the registrar, after making the findings requir…

A. In informal appointment proceedings, the registrar must determine whether: 1. The application for informal appointment of a personal representative is complete. 2. The applicant has made oath or affirmation that the statements contained in the application are true to the best …

If the registrar is not satisfied that a requested informal appointment of a personal representative should be made because of failure to meet the requirements of sections 14-3307 and 14-3308, or for any other reason, the registrar may decline the application. A declination of in…

The moving party must give notice as described by section 14-1401 of his intention to seek an appointment informally: 1. To any person demanding it pursuant to section 14-3204. 2. To any person having a prior or equal right to appointment not waived in writing and filed with the …

If an application for informal appointment indicates the existence of a possible unrevoked testamentary instrument which may relate to property subject to the laws of this state, and which is not filed for probate in this court, the registrar shall decline the application.

A. A formal testacy proceeding is litigation to determine whether a decedent left a valid will. A formal testacy proceeding may be commenced by an interested person filing a petition as described in section 14-3402, subsection A in which he requests that the court, after notice a…

A. Petitions for formal probate of a will, or for adjudication of intestacy with or without request for appointment of a personal representative, must be directed to the court, request a judicial order after notice and hearing and contain further statements as indicated in this s…

A. On commencement of a formal testacy proceeding, the clerk shall fix a time and place of hearing. Notice shall be given in the manner prescribed by section 14-1401 by the petitioner to the persons specified in this section and to any additional person who has filed a demand for…

Any party to a formal proceeding who opposes the probate of a will for any reason shall state in his pleadings his objections to probate of the will.

If a petition in a testacy proceeding is unopposed, the court may order probate or intestacy on the strength of the pleadings if satisfied that the conditions of section 14-3409 have been met, or conduct a hearing in open court and require proof of the matters necessary to suppor…

A. If evidence concerning execution of an attested will which is not self-proved is necessary in contested cases, the testimony of at least one of the attesting witnesses, if within the state, competent and able to testify, is required. Due execution of an attested or unattested …

In contested cases, petitioners who seek to establish intestacy have the burden of establishing prima facie proof of death, venue and heirship. Proponents of a will, if they are also petitioners, have the burden of establishing prima facie proof of death and venue. If a will is o…

A final order of a court of another state determining testacy, the validity or construction of a will, made in a proceeding involving notice to and an opportunity for contest by all interested persons must be accepted as determinative by the courts of this state if it includes, o…

After the time required for any notice has expired, upon proof of notice, and after any hearing that may be necessary, if the court finds that the testator is dead, venue is proper and that the proceeding was commenced within the limitation prescribed by section 14-3108, it shall…

If two or more instruments are offered for probate before a final order is entered in a formal testacy proceeding, more than one instrument may be probated if neither expressly revokes the other or contains provisions which work a total revocation by implication. If more than one…

If it becomes evident in the course of a formal testacy proceeding that, though one or more instruments are entitled to be probated, the decedent's estate is or may be partially intestate, the court shall enter an order to that effect.

A. Subject to appeal and subject to vacation as provided in this section and in section 14-3413, a formal testacy order under sections 14-3409 through 14-3411, including an order that the decedent left no valid will and determining heirs, is final as to all persons with respect t…

For good cause shown, an order in a formal testacy proceeding may be modified or vacated within the time allowed for appeal.

A. A formal proceeding for adjudication regarding the priority or qualification of one who is an applicant for appointment as personal representative, or of one who previously has been appointed personal representative in informal proceedings, if an issue concerning the testacy o…

A. If an original will that was last seen in the possession of the testator cannot be found after the testator's death, the testator is presumed to have destroyed the will with the intention of revoking it. This presumption may be rebutted by a preponderance of the evidence. If t…

Supervised administration is a single in rem proceeding to secure complete administration and settlement of a decedent's estate under the continuing authority of the court which extends until entry of an order approving distribution of the estate and discharging the personal repr…

A petition for supervised administration may be filed by any interested person or by a personal representative at any time or the prayer for supervised administration may be joined with a petition in a testacy or appointment proceeding. If the testacy of the decedent and the prio…

A. The pendency of a proceeding for supervised administration of a decedent's estate stays action on any informal application then pending or thereafter filed. B. If a will has been previously probated in informal proceedings, the effect of the filing of a petition for supervised…

Unless restricted by the court, a supervised personal representative has, without interim orders approving exercise of a power, all powers of personal representatives under this title, but all sales of real property shall be subject to court confirmation and the personal represen…

A. Unless otherwise ordered by the court, supervised administration is terminated by order in accordance with time restrictions, notices and contents of orders prescribed for proceedings under section 14-3931. Interim orders approving or directing partial distributions or grantin…

Prior to receiving letters, a personal representative shall qualify by filing with the appointing court any required bond and a statement of acceptance of the duties of the office.

By accepting appointment, a personal representative submits personally to the jurisdiction of the court in any proceeding relating to the estate that may be instituted by any interested person. Notice of any proceeding shall be delivered to the personal representative, or mailed …

A. A bond is required of a personal representative unless either: 1. The will expressly waives the bond. 2. All of the heirs if no will has been probated, or all of the devisees under a will that does not provide for waiver of the bond, file with the court a written waiver of the…

A. If bond is required and the provisions of the will or order do not specify the amount, unless stated in his application or petition, the person qualifying shall file a statement under oath with the registrar indicating his best estimate of the value of the personal estate of t…

A. The following requirements and provisions apply to any bond required by this article: 1. Bonds shall name the state as obligee for the benefit of the persons interested in the estate and shall be conditioned upon the faithful discharge by the fiduciary of all duties according …

A. On petition of any person who appears to have an interest in the estate, the court by temporary order may restrain a personal representative from performing specified acts of administration, disbursement or distribution, or may exercise any powers or discharge any duties of hi…