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858 sections in this chapter.
Neb. Rev. Stat. § 30-2353 Effect of divorce, annulment, and decree of separation.
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(a) An individual who is divorced from the decedent or whose marriage to the decedent has been dissolved or annulled by a decree that has become final is not a surviving spouse unless, by virtue of a subsequent marriage, he or she is married to the decedent at the time of death. …
Neb. Rev. Stat. § 30-2354 Effect of homicide on intestate succession, wills, joint assets, life insurance, and beneficiary designations.
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(a) A surviving spouse, heir or devisee who feloniously and intentionally kills or aids and abets the killing of the decedent is not entitled to any benefits under the will or under this article, and the estate of the decedent passes as if such spouse, heir, or devisee had predec…
Neb. Rev. Stat. § 30-2355 Deposit of will with court in testator's lifetime.
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A will may be deposited by the testator or his agent with the court having jurisdiction of the county of his residence for safekeeping, under rules of the court. The will shall be kept confidential. During the testator's lifetime a deposited will shall be delivered only to him or…
Neb. Rev. Stat. § 30-2356 Duty of custodian of will; liability.
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After the death of a testator and on request of an interested person, any person having custody of a will of the testator is required to deliver it with reasonable promptness to a person able to secure its probate and, if none is known, to an appropriate court. Any person who wil…
Neb. Rev. Stat. § 30-24,100 Distribution; order in which assets appropriated; abatement.
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(a) Except as provided in subsection (b) and except as provided in connection with the share of the surviving spouse who elects to take an elective share, shares of distributees abate, without any preference or priority as between real and personal property, in the following orde…
Neb. Rev. Stat. § 30-24,101 Right of retainer.
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Unless a different intention is indicated by the will, the amount of a noncontingent indebtedness of a successor to the estate if due, or its present value if not due, shall be offset against the successor's interest; but the successor has the benefit of any defense which would b…
Neb. Rev. Stat. § 30-24,102 Interest on general pecuniary devise.
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General pecuniary devises bear interest at the legal rate beginning one year after the first appointment of a personal representative until payment, unless a contrary intent is indicated by the will.
Neb. Rev. Stat. § 30-24,103 Penalty clause for contest.
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A provision in a will purporting to penalize any interested person for contesting the will or instituting other proceedings relating to the estate is unenforceable if probable cause exists for instituting proceedings.
Neb. Rev. Stat. § 30-24,104 Distribution in kind; valuation; method.
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(a) Unless a contrary intention is indicated by the will, the distributable assets of a decedent's estate shall be distributed in kind to the extent possible through application of the following provisions: (1) A specific devisee is entitled to distribution of the thing devised t…
Neb. Rev. Stat. § 30-24,105 Distribution in kind; evidence.
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If distribution in kind is made, the personal representative shall execute an instrument or deed of distribution assigning, transferring, or releasing the assets to the distributee as evidence of the distributee's title to the property. If the distribution is of real property, th…
Neb. Rev. Stat. § 30-24,106 Distribution; right or title of distributee.
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Proof that a distributee has received an instrument or deed of distribution of assets in kind, or payment in distribution, from a personal representative is conclusive evidence that the distributee has succeeded to the interest of the estate in the distributed assets, as against …
Neb. Rev. Stat. § 30-24,107 Improper distribution; liability of distributee.
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Unless the distribution or payment no longer can be questioned because of adjudication, estoppel, or limitation, a distributee of property improperly distributed or paid, or a claimant who was improperly paid, is liable to return the property improperly received and its income si…
Neb. Rev. Stat. § 30-24,108 Purchases from distributees protected.
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If property distributed in kind or a security interest therein is acquired by a purchaser or lender for value from a distributee who has received an instrument or deed of distribution from the personal representative, the purchaser or lender takes title free of any claims of the …
Neb. Rev. Stat. § 30-24,109 Partition for purpose of distribution.
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When two or more heirs or devisees are entitled to distribution of undivided interests in any real or personal property of the estate, the personal representative or one or more of the heirs or devisees may petition the court, prior to the formal or informal closing of the estate…
Neb. Rev. Stat. § 30-24,110 Private agreements among successors to decedent binding on personal representative.
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Subject to the rights of creditors and taxing authorities, competent successors may agree among themselves to alter the interests, shares, or amounts to which they are entitled under the will of the decedent, or under the laws of intestacy, in any way that they provide in a writt…
Neb. Rev. Stat. § 30-24,111 Distributions to trustee.
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(a) Before distributing to a trustee, the personal representative may require that the trust be registered if the state in which it is to be administered requires registration and that the trustee inform the beneficiaries as provided in section 30-3878. (b) If the trust instrumen…
Neb. Rev. Stat. § 30-24,112 Disposition of unclaimed assets.
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Disposition of unclaimed assets, fees, legacies, devises, and distributive shares shall be subject to the provisions of sections 25-2714 to 25-2717.
Neb. Rev. Stat. § 30-24,113 Distribution to persons under disability.
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A personal representative may discharge his obligation to distribute to any person under legal disability by distributing to his conservator, or any other person authorized by this code or otherwise to give a valid receipt and discharge for the distribution.
Neb. Rev. Stat. § 30-24,114 Apportionment of estate taxes.
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Estate taxes shall be apportioned as provided in section 77-2108.
Neb. Rev. Stat. § 30-24,115 Formal proceedings terminating administration, testate or intestate; order of general protection.
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(a) A personal representative or any interested person may petition for an order of complete settlement of the estate. The personal representative may petition at any time, and any other interested person may petition after one year from the appointment of the original personal r…
Neb. Rev. Stat. § 30-24,116 Formal proceedings terminating testate administration; order construing will without adjudicating testacy.
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A personal representative administering an estate under an informally probated will or any devisee under an informally probated will may petition for an order of settlement of the estate which will not adjudicate the testacy status of the decedent. The personal representative may…
Neb. Rev. Stat. § 30-24,117 Closing estates; by sworn statement of personal representative.
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(a) Unless prohibited by order of the court and except for estates being administered in supervised administration proceedings, a personal representative may close an estate by filing with the court no earlier than five months after the date of original appointment of a general p…
Neb. Rev. Stat. § 30-24,118 Liability of distributees to claimants.
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After assets of an estate have been distributed and subject to section 30-24,120, an undischarged claim not barred may be prosecuted in a proceeding against one or more distributees. No distributee shall be liable to claimants for amounts in excess of the value of his distributio…
Neb. Rev. Stat. § 30-24,119 Limitations on proceedings against personal representative.
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Unless previously barred by adjudication and except as provided in the closing statement, the rights of successors and of creditors whose claims have not otherwise been barred against the personal representative for breach of fiduciary duty are barred unless a proceeding to asser…
Neb. Rev. Stat. § 30-24,120 Limitations on actions and proceedings against distributees.
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Unless previously adjudicated in a formal testacy proceeding or in a proceeding settling the accounts of a personal representative or otherwise barred, the claim of any claimant to recover from a distributee who is liable to pay the claim, and the right of any heir or devisee, or…
Neb. Rev. Stat. § 30-24,121 Certificate discharging liens securing fiduciary performance.
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After his appointment has terminated, the personal representative, his sureties, or any successor of either, upon the filing of a verified application showing, so far as is known by the applicant, that no action concerning the estate is pending in any court, is entitled to receiv…
Neb. Rev. Stat. § 30-24,122 Subsequent administration.
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If other property of the estate is discovered after an estate has been settled and the personal representative discharged or his appointment terminated, the court upon petition of any interested person and upon notice may appoint the same or a successor personal representative to…
Neb. Rev. Stat. § 30-24,123 Effect of approval of agreements involving trusts, inalienable interests, or interests of third persons.
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A compromise of any controversy as to admission to probate of any instrument offered for formal probate as the will of a decedent, the construction, validity, or effect of any probated will, the rights or interests in the estate of the decedent of any successor, or the administra…
Neb. Rev. Stat. § 30-24,124 Procedure for securing court approval of compromise.
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The procedure for securing court approval of a compromise is as follows: (1) The terms of the compromise shall be set forth in an agreement in writing which shall be executed by all competent persons and parents acting for any minor child having beneficial interests or having cla…
Neb. Rev. Stat. § 30-24,125 Collection of personal property by affidavit.
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(a) Thirty days after the death of a decedent, any person indebted to the decedent or having possession of tangible personal property or an instrument evidencing a debt, obligation, stock, or chose in action belonging to the decedent shall make payment of the indebtedness or deli…
Neb. Rev. Stat. § 30-24,126 Effect of affidavit.
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The person paying, delivering, transferring, or issuing personal property or the evidence thereof pursuant to affidavit is discharged and released to the same extent as if he dealt with a personal representative of the decedent. He is not required to see to the application of the…
Neb. Rev. Stat. § 30-24,127 Small estates; summary administrative procedure.
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If it appears from the inventory and appraisal that the value of the entire estate, less liens and encumbrances, does not exceed homestead allowance, exempt property, family allowance, costs and expenses of administration, reasonable funeral expenses, and reasonable and necessary…
Neb. Rev. Stat. § 30-24,128 Small estates; closing by sworn statement of personal representative.
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(a) Unless prohibited by order of the court and except for estates being administered by supervised personal representatives, a personal representative may close an estate administered under the summary procedures of section 30-24,127 by filing with the court, at any time after d…
Neb. Rev. Stat. § 30-24,129 Succession to real property by affidavit.
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(a) Thirty days after the death of a decedent, any person claiming as successor to the decedent's interest in real property in this state may file or cause to be filed on his or her behalf, with the register of deeds office of a county in which the real property of the decedent t…
Neb. Rev. Stat. § 30-24,130 Effect of affidavit.
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(a) A successor named in an affidavit under section 30-24,129 shall have the same protection as a distributee who has received a deed of distribution from a personal representative as provided in section 30-24,106. (b) A purchaser of real property from or lender to a person named…
Neb. Rev. Stat. § 30-2401 Devolution of estate at death; restrictions.
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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 code to facilitate the prompt settlement of estates. Upon the death of a person, his real and person…
Neb. Rev. Stat. § 30-2402 Necessity of order of probate for will; certified; evidence.
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Except as provided in sections 30-24,125 and 30-24,129, to be effective to prove the transfer of any property or to nominate an executor, a will must be declared to be valid by an order of informal probate by the registrar or an adjudication of probate by the court, except that a…
Neb. Rev. Stat. § 30-2403 Necessity of appointment for administration.
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Except as otherwise provided in article 25, to acquire the powers and undertake the duties and liabilities of a personal representative of a decedent, a person must be appointed by order of the court or registrar, qualify and be issued letters. Administration of an estate is comm…
Neb. Rev. Stat. § 30-2404 Claims against decedent; necessity of administration.
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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…
Neb. Rev. Stat. § 30-2405 Proceedings affecting devolution and administration; jurisdiction of subject matter.
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Persons interested in decedents' estates may apply to the registrar for determination in the informal proceedings provided in this article, and may petition the court for orders in formal proceedings within the court's jurisdiction including but not limited to those described in …
Neb. Rev. Stat. § 30-2406 Proceedings within the exclusive jurisdiction of court; service; jurisdiction over persons.
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In proceedings within the jurisdiction of the court where notice is required by this code or by rule, interested persons may be bound by the orders of the court in respect to property in or subject to the laws of this state by notice in conformity with section 30-2220. An order i…
Neb. Rev. Stat. § 30-2407 Scope of proceedings; proceedings independent; exception.
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Unless supervised administration as described in part 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 singl…
Neb. Rev. Stat. § 30-2408 Probate, testacy, and appointment proceedings; ultimate time limit.
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No 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, may b…
Neb. Rev. Stat. § 30-2409 Statutes of limitation on decedent's cause of action.
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No statute of limitations running on a cause of action belonging to a decedent which had not been barred as of the date of his death shall apply to bar a cause of action surviving the decedent's death sooner than four months after death. A cause of action which, but for this sect…
Neb. Rev. Stat. § 30-2409.01 Access to safe deposit box; custodian; duties; expenses; affidavit; contents; purported will; how treated; deed to burial plot or burial instructions.
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(1) For purposes of this section: (a) Custodian means a bank, savings and loan association, credit union, or other institution acting as a lessor of a safe deposit box; and (b) Representative of a custodian means an authorized officer or employee of a custodian. (2)(a) If a deced…
Neb. Rev. Stat. § 30-2410 Venue for first and subsequent estate proceedings; location of property.
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(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; or (2) if the decedent was not domiciled in this state, in any county where property of the d…
Neb. Rev. Stat. § 30-2411 Appointment or testacy proceedings; conflicting claim of domicile in another state.
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If conflicting claims as to the domicile of a decedent are made in a formal testacy or appointment proceeding commenced in Nebraska and also in a testacy or appointment proceeding after notice pending at the same time in another state, with an applicable provision of law similar …
Neb. Rev. Stat. § 30-2412 Priority among persons seeking appointment as personal representative.
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(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 …
Neb. Rev. Stat. § 30-2413 Demand for notice of order or filing concerning decedent's estate.
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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…
Neb. Rev. Stat. § 30-2414 Informal probate or appointment proceedings; application; contents.
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Applications for informal probate or informal appointment shall be directed to the registrar and verified by the applicant to be accurate and complete to the best of the applicant's knowledge and belief as to the following information: (1) Every application for informal probate o…