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858 sections in this chapter.
Neb. Rev. Stat. § 30-103.01 Interest of surviving spouse; determination prior to payment of federal or state estate taxes.
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The interest of any surviving spouse in any estate passing under Chapter 30, article 23, parts 1, 2, and 4, shall be determined prior to the payment of any federal or state estate taxes, and shall not be subject to or diminished by any debt or charge against such estate by reason…
Neb. Rev. Stat. § 30-104 Dower and curtesy, abolished.
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The estates of dower and curtesy are hereby abolished.
Neb. Rev. Stat. § 30-121 Simultaneous death with no sufficient evidence of survivorship.
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Where the title to property or the devolution thereof depends upon priority of death and there is no sufficient evidence that the persons have died otherwise than simultaneously, the property of each person shall be disposed of as if he had survived, except as provided otherwise …
Neb. Rev. Stat. § 30-122 Simultaneous death of beneficiaries of another person's disposition of property.
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Where two or more beneficiaries are designated to take successively by reason of survivorship under another person's disposition of property and there is no sufficient evidence that these beneficiaries have died otherwise than simultaneously the property thus disposed of shall be…
Neb. Rev. Stat. § 30-123 Simultaneous death of joint tenants.
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Where there is no sufficient evidence that two joint tenants have died otherwise than simultaneously the property so held shall be distributed one-half as if one had survived and one-half as if the other had survived. If there are more than two joint tenants and all of them have …
Neb. Rev. Stat. § 30-124 Simultaneous death of insured and beneficiary of insurance policy.
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Where the insured and the beneficiary in a policy of life or accident insurance have died and there is no sufficient evidence that they have died otherwise than simultaneously, the proceeds of the policy shall be distributed as if the insured had survived the beneficiary.
Neb. Rev. Stat. § 30-125 Simultaneous death; sections not retroactive.
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Sections 30-121 to 30-128 shall not apply to the distribution of the property of a person who has died before it takes effect.
Neb. Rev. Stat. § 30-126 Simultaneous death; sections not applicable if decedent provides otherwise.
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Sections 30-121 to 30-128 shall not apply in the case of wills, living trusts, deeds, or contracts of insurance wherein provision has been made for distribution of property different from the provisions of sections 30-121 to 30-128.
Neb. Rev. Stat. § 30-127 Simultaneous death; sections, how construed.
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Sections 30-121 to 30-128 shall be so construed and interpreted as to effectuate their general purpose to make uniform the law in those states which enact them.
Neb. Rev. Stat. § 30-128 Act, how cited.
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Sections 30-121 to 30-128 may be cited as the Uniform Simultaneous Death Act.
Neb. Rev. Stat. § 30-1601 Appeal; procedure; operate as supersedeas; when; appellant; pay costs; when.
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(1) In all matters arising under the Nebraska Probate Code, in all matters in county court arising under the Nebraska Uniform Trust Code, and in all matters in county court arising under the Health Care Surrogacy Act, appeals may be taken to the Court of Appeals in the same manne…
Neb. Rev. Stat. § 30-201 Act, how cited; terms, defined.
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Sections 30-201 to 30-209 shall be known and may be cited as the Uniform Wills Recognition Act (1977). In the Uniform Wills Recognition Act (1977): (1) International will means a will executed in conformity with sections 30-202 to 30-205; and (2) Authorized person and person auth…
Neb. Rev. Stat. § 30-202 International will; validity.
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(a) A will is valid as regards form, irrespective particularly of the place where it is made, of the location of the assets, and of the nationality, domicile, or residence of the testator, if it is made in the form of an international will complying with the requirements of the U…
Neb. Rev. Stat. § 30-203 International will; requirements.
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(a) The will shall be made in writing. It need not be written by the testator personally. It may be written in any language, by hand or by any other means. (b) The testator shall declare in the presence of two witnesses and of a person authorized to act in connection with interna…
Neb. Rev. Stat. § 30-204 International will; other points of form.
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(a) The signatures shall be placed at the end of the will. If the will consists of several sheets, each sheet will be signed by the testator or, if the testator is unable to sign, by the person signing on the testator's behalf or, if there is no such person, by the authorized per…
Neb. Rev. Stat. § 30-205 International will; certificate.
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The authorized person shall attach to the will a certificate to be signed by the authorized person establishing that the requirements of the Uniform Wills Recognition Act (1977) for valid execution of an international will have been complied with. The authorized person shall keep…
Neb. Rev. Stat. § 30-206 International will; effect of certificate.
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In the absence of evidence to the contrary, the certificate of the authorized person shall be conclusive of the formal validity of the instrument as a will under the Uniform Wills Recognition Act (1977). The absence or irregularity of a certificate shall not affect the formal val…
Neb. Rev. Stat. § 30-207 International will; revocation.
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The international will shall be subject to the ordinary rules of revocation of wills.
Neb. Rev. Stat. § 30-208 Source and construction.
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Sections 30-201 to 30-207 derive from Annex to Convention of October 26, 1973, Providing a Uniform Law on the Form of an International Will. In interpreting and applying the Uniform Wills Recognition Act (1977), regard shall be had to its international origin and to the need for …
Neb. Rev. Stat. § 30-209 Persons authorized to act in relation to international will; eligibility; recognition by authorizing agency.
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Individuals who have been admitted to practice law before the courts of this state and who are in good standing as active law practitioners in this state, are hereby declared to be authorized persons in relation to international wills.
Neb. Rev. Stat. § 30-2201 Short title.
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Sections 30-401 to 30-406, 30-701 to 30-713, 30-2201 to 30-2902, 30-3901 to 30-3923, 30-4001 to 30-4045, 30-4201 to 30-4210 and the Public Guardianship Act shall be known and may be cited as the Nebraska Probate Code.
Neb. Rev. Stat. § 30-2202 Purposes; rule of construction.
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(a) This code shall be liberally construed and applied to promote its underlying purposes and policies. (b) The underlying purposes and policies of this code are: (1) to simplify and clarify the law concerning the affairs of decedents, missing persons, protected persons, minors, …
Neb. Rev. Stat. § 30-2203 Supplementary general principles of law applicable.
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Unless displaced by the particular provisions of this code, the principles of law and equity supplement its provisions.
Neb. Rev. Stat. § 30-2204 Severability.
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If any provisions of this code or the application thereof to any person or circumstances is held invalid, the invalidity shall not affect other provisions or applications of the code which can be given effect without the invalid provision or application, and to this end the provi…
Neb. Rev. Stat. § 30-2205 Construction against implied repeal.
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This code is a general act intended as a unified coverage of its subject matter and no part of it shall be deemed impliedly repealed by subsequent legislation if it can reasonably be avoided.
Neb. Rev. Stat. § 30-2206 Effect of fraud and evasion.
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Whenever fraud has been perpetrated in connection with any proceeding or in any statement filed under this code or if fraud is used to avoid or circumvent the provisions or purposes of this code, any person injured thereby may obtain appropriate relief against the perpetrator of …
Neb. Rev. Stat. § 30-2207 Evidence as to death or status.
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In proceedings under this code the rules of evidence in courts of general jurisdiction, including any relating to simultaneous deaths, are applicable unless specifically displaced by the code. In addition, the following rules relating to determination of death and status are appl…
Neb. Rev. Stat. § 30-2208 Acts by holder of general power.
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For the purpose of granting consent or approval with regard to the acts or accounts of a personal representative, including relief from liability or penalty for failure to post bond or to perform other duties, the sole holder or all coholders of a presently exercisable general po…
Neb. Rev. Stat. § 30-2209 General definitions.
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Subject to additional definitions contained in the subsequent articles which are applicable to specific articles or parts, and unless the context otherwise requires, in the Nebraska Probate Code: (1) Application means a written request to the registrar for an order of informal pr…
Neb. Rev. Stat. § 30-2210 Territorial application.
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Except as otherwise provided in this code, this code applies to (1) the affairs and estates of decedents, missing persons, and persons to be protected, domiciled in this state, (2) the property of nonresidents located in this state or property coming into the control of a fiducia…
Neb. Rev. Stat. § 30-2211 Subject matter jurisdiction.
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(a) To the full extent permitted by the Constitution of Nebraska, the court has jurisdiction over all subject matter relating to (1) estates of decedents, including construction of wills and determination of heirs and successors of decedents, and estates of protected persons; and…
Neb. Rev. Stat. § 30-2211.01 Minor; fees and costs.
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The reasonable fees and costs of an attorney, a guardian ad litem, a physician, and a visitor appointed by the court for the minor shall be allowed, disallowed, or adjusted by the court and may be paid from the estate of the minor if the minor possesses an estate or, if not, shal…
Neb. Rev. Stat. § 30-2212 Venue; multiple proceedings; transfer.
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(a) Where a proceeding under this code could be maintained in more than one place in this state, the court in which the proceeding is first commenced has the exclusive right to proceed. (b) If proceedings concerning the same estate, protected person, or ward are commenced in more…
Neb. Rev. Stat. § 30-2213 Supreme Court; establish rules; uniform administration, proceedings, and practice.
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The Supreme Court shall have authority to establish rules to carry into effect the provisions of this code so that its administration, proceedings, and practice shall be uniform.
Neb. Rev. Stat. § 30-2214 Clerk of court shall keep records and certified copies.
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The clerk of court shall keep a record for each decedent, ward, or protected person involved in any document which may be filed with the court under this code, including petitions and applications, demands for notices or bonds, and of any orders or responses relating thereto by t…
Neb. Rev. Stat. § 30-2215 Mailing published notice; proof.
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The party instituting or maintaining the proceeding or his attorney is required to mail the published notice and give proof thereof in accordance with section 25-520.01.
Neb. Rev. Stat. § 30-2216 Registrar; powers.
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The acts and orders which this code specifies as performable by the registrar may be performed either by a judge of the court or by a person, including the clerk, designated by the court by a written order filed and recorded in the office of the court.
Neb. Rev. Stat. § 30-2217 Appeals; manner.
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Appellate review under this code shall be governed by section 30-1601.
Neb. Rev. Stat. § 30-2218 Clerk magistrates; assignment of matters.
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Assignment of matters arising under the Nebraska Probate Code to clerk magistrates shall be subject to sections 24-519 and 24-520.
Neb. Rev. Stat. § 30-2219 Oath, affirmation, or statement on filed documents; perjury; penalty.
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Except as otherwise specifically provided in this code or by rule, every document filed with the court under this code including applications, petitions, and demands for notice, shall be deemed to include an oath, affirmation, or statement to the effect that its representations a…
Neb. Rev. Stat. § 30-2220 Notice of hearing; method and time of giving.
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(a) If notice of a hearing on any petition is required and except for specific notice requirements as otherwise provided, the petitioner shall cause notice of the time and place of hearing of any petition to be given to any interested person or his or her attorney if he or she ha…
Neb. Rev. Stat. § 30-2221 Notice; other requirements; waiver.
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A person, including a guardian ad litem, conservator, or other fiduciary, may waive notice or any other requirement for the mailing or receipt of instruments by a writing signed by him or his attorney and filed in the proceeding.
Neb. Rev. Stat. § 30-2222 Pleadings; when parties bound by others; notice.
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In formal proceedings involving estates of decedents, minors, protected persons, or incapacitated persons, and in judicially supervised settlements, the following apply: (1) Interests to be affected shall be described in pleadings which give reasonable information to owners by na…
Neb. Rev. Stat. § 30-2223 Right of disposition of remains and funeral arrangements; powers and duties; petition filed with court; considerations; court order.
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(1) Except as otherwise provided by section 23-1824, a person who is eighteen years of age or older and of sound mind, by testamentary disposition, by entering into a pre-need sale as defined by section 12-1102, or by affidavit as provided in subdivision (2)(a)(ii) of this sectio…
Neb. Rev. Stat. § 30-2301 Intestate estate; succession; modification by will.
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(1) Any part of a decedent's estate not effectively disposed of by will passes by intestate succession to the decedent's heirs as prescribed in the following sections of this code, except as modified by the decedent's will. (2) A decedent by will may expressly exclude or limit th…
Neb. Rev. Stat. § 30-2302 Share of the spouse.
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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 on…
Neb. Rev. Stat. § 30-2303 Share of heirs other than surviving spouse.
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The part of the intestate estate not passing to the surviving spouse under section 30-2302, or the entire intestate estate if there is no surviving spouse, passes as follows: (1) to the issue of the decedent; if they are all of the same degree of kinship to the decedent they take…
Neb. Rev. Stat. § 30-2304 Requirement that heir survive decedent for one hundred twenty hours.
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Any person who fails to survive the decedent by one hundred twenty hours is deemed to have predeceased the decedent for purposes of homestead allowance, exempt property and intestate succession, and the decedent's heirs are determined accordingly. If the time of death of the dece…
Neb. Rev. Stat. § 30-2305 Escheat; no taker.
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If there is no taker under the provisions of this article, the intestate estate passes to the state.
Neb. Rev. Stat. § 30-2306 Representation.
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If representation is called for by this code, the estate is divided into as many shares as there are surviving heirs in the nearest degree of kinship and deceased persons in the same degree who left issue who survive the decedent, each surviving heir in the nearest degree receivi…