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858 sections in this chapter.
Neb. Rev. Stat. § 30-2415 Informal probate; duty of registrar; effect of informal probate.
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(a) Upon receipt of an application requesting informal probate of a will, the registrar, upon making the findings required by section 30-2416, shall issue a written statement of informal probate if at least one hundred twenty hours have elapsed since the decedent's death. Informa…
Neb. Rev. Stat. § 30-2416 Informal probate; proof and findings required.
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(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 the applicant's knowledge …
Neb. Rev. Stat. § 30-2417 Informal probate; unavailable in certain cases.
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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.
Neb. Rev. Stat. § 30-2418 Informal probate; registrar not satisfied.
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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 30-2416 and 30-2417 or any other reason, he may decline the application. A declination of informal probate is not an adjudicati…
Neb. Rev. Stat. § 30-2419 Informal probate; notice; requirements.
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The moving party must give notice as described by section 30-2220 of his application for informal probate (1) to any person demanding it pursuant to section 30-2413; and (2) to any personal representative of the decedent whose appointment has not been terminated. No other notice …
Neb. Rev. Stat. § 30-2420 Informal appointment proceedings; delay in order; duty of registrar; effect of appointment.
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(a) Upon receipt of an application for informal appointment of a personal representative other than a special administrator as provided in section 30-2457, if at least one hundred twenty hours have elapsed since the decedent's death, the registrar, after making the findings requi…
Neb. Rev. Stat. § 30-2421 Informal appointment proceedings; proof and findings required.
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(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 be…
Neb. Rev. Stat. § 30-2422 Informal appointment proceedings; registrar not satisfied.
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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 30-2420 and 30-2421, or for any other reason, he may decline the application. A declination of informal appo…
Neb. Rev. Stat. § 30-2423 Informal appointment proceedings; notice requirements.
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The moving party must give notice as described by section 30-2220 of his intention to seek an appointment informally: (1) to any person demanding it pursuant to section 30-2413; and (2) to any person having a prior or equal right to appointment not waived in writing and filed wit…
Neb. Rev. Stat. § 30-2424 Informal appointment unavailable in certain cases.
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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.
Neb. Rev. Stat. § 30-2425 Formal testacy proceedings; nature; when commenced.
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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 30-2426(a) in which he requests that the court, after notice and hearing, en…
Neb. Rev. Stat. § 30-2426 Formal testacy or appointment proceedings; petition; contents.
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(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 …
Neb. Rev. Stat. § 30-2427 Formal testacy proceeding; notice of hearing on petition.
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(a) Upon commencement of a formal testacy proceeding, the court shall fix a time and place of hearing. Notice shall be given in the manner prescribed by section 30-2220 by the petitioner under subdivision 30-2220(a)(1) to the persons herein enumerated and to any additional person…
Neb. Rev. Stat. § 30-2428 Formal testacy proceedings; written objections to probate.
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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.
Neb. Rev. Stat. § 30-2429 Formal testacy proceedings; uncontested cases; hearings and proof.
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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 30-2433 have been met, or conduct a hearing in open court and require proof of the matters necessary to suppor…
Neb. Rev. Stat. § 30-2429.01 Formal testacy proceedings; objection; informal probate; petition to set aside; transfer to district court; procedure; fees.
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(1) If there is an objection to probate of a will or if a petition is filed to set aside an informal probate of a will or to prevent informal probate of a will which is the subject of a pending application, the county court shall continue the originally scheduled hearing for at l…
Neb. Rev. Stat. § 30-2430 Formal testacy proceedings; contested cases; testimony of attesting witnesses.
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(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 …
Neb. Rev. Stat. § 30-2431 Formal testacy proceedings; burdens in contested cases.
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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 have the burden of establishing prima facie proof of due execution, death, testamentary capacity, and venue. Conte…
Neb. Rev. Stat. § 30-2432 Formal testacy proceedings; will construction; effect of final order in another jurisdiction.
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A final order of a court of another state, which state has an applicable provision of law similar in reciprocal effect to this section, determining testacy, the validity or construction of a will, made in a proceeding involving notice to and an opportunity for contest by all inte…
Neb. Rev. Stat. § 30-2433 Formal testacy proceedings; order; foreign will.
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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 and venue is proper, it shall determine the decedent's domicile at death, his heirs and his state of testacy. Any wi…
Neb. Rev. Stat. § 30-2434 Formal testacy proceedings; probate of more than one instrument.
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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…
Neb. Rev. Stat. § 30-2435 Formal testacy proceedings; partial intestacy.
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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.
Neb. Rev. Stat. § 30-2436 Formal testacy proceedings; effect of order; vacation.
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Subject to appeal and subject to vacation as provided herein and in section 30-2437, a formal testacy order under sections 30-2433 to 30-2435, including an order that the decedent left no valid will and determining heirs, is final as to all persons with respect to all issues conc…
Neb. Rev. Stat. § 30-2437 Formal testacy proceedings; vacation of order for other cause.
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For good cause shown, an order in a formal testacy proceeding may be modified or vacated within the time allowed for appeal.
Neb. Rev. Stat. § 30-2438 Formal proceedings concerning appointment of personal representative.
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(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 …
Neb. Rev. Stat. § 30-2439 Supervised administration; nature of proceeding.
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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…
Neb. Rev. Stat. § 30-2440 Supervised administration; petition; order.
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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…
Neb. Rev. Stat. § 30-2441 Supervised administration; effect on other proceedings.
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(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 supervis…
Neb. Rev. Stat. § 30-2442 Supervised administration; powers of personal representative.
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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 code, but he shall not exercise his power to make any distribution of the estate without prior order o…
Neb. Rev. Stat. § 30-2443 Supervised administration; interim orders; distribution and closing orders.
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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 30-24,115. Interim orders approving or directing partial distributions or granting…
Neb. Rev. Stat. § 30-2444 Qualification.
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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.
Neb. Rev. Stat. § 30-2445 Acceptance of appointment; consent to jurisdiction.
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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 t…
Neb. Rev. Stat. § 30-2446 Bond required; exceptions; when court may require; required when value of estate will not permit summary procedures.
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(1) A bond shall be required of a personal representative unless: (a) The will expressly waives the bond, expressly requests that there be no bond, or waives the requirement of a surety thereon other than the personal representative; (b) all of the heirs, if no will has been prob…
Neb. Rev. Stat. § 30-2447 Bond amount; security; procedure; reduction.
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(a) In informal proceedings, if bond is required under section 30-2446 and the provisions of the will or court 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 …
Neb. Rev. Stat. § 30-2448 Demand for bond by interested person.
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Any person apparently having an interest in the estate worth in excess of one thousand dollars, or any creditor having a claim in excess of one thousand dollars, may make a written demand that a personal representative give bond. The demand must be filed with the registrar and a …
Neb. Rev. Stat. § 30-2449 Terms and conditions of bonds.
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(a) The following requirements and provisions apply to any bond required by this part: (1) Bonds shall name the court 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 t…
Neb. Rev. Stat. § 30-2450 Order restraining personal representative; hearing.
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(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 exercise of any powers or discharge of any duties o…
Neb. Rev. Stat. § 30-2451 Termination of appointment; general.
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Termination of appointment of a personal representative occurs as indicated in sections 30-2452 to 30-2455. Termination ends the right and power pertaining to the office of personal representative as conferred by this code or any will, except that a personal representative, at an…
Neb. Rev. Stat. § 30-2452 Termination of appointment; death or disability.
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The death of a personal representative or the appointment of a guardian or conservator for the estate of a personal representative terminates his appointment. Until appointment and qualification of a successor or special representative to replace the deceased or protected represe…
Neb. Rev. Stat. § 30-2453 Termination of appointment; voluntary.
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(a) An appointment of a personal representative terminates as provided in section 30-24,117 one year after the filing of a closing statement. (b) An order closing an estate as provided in section 30-24,115 or 30-24,116 terminates an appointment of a personal representative at the…
Neb. Rev. Stat. § 30-2454 Termination of appointment by removal; cause; procedure.
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(a) A person interested in the estate may petition for removal of a personal representative for cause at any time. Upon filing of the petition, the court shall fix a time and place for hearing. Notice shall be given by the petitioner to the personal representative, and to other p…
Neb. Rev. Stat. § 30-2455 Termination of appointment; change of testacy status.
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Except as otherwise ordered in formal proceedings, the probate of a will subsequent to the appointment of a personal representative in intestacy or under a will which is superseded by formal probate of another will, or the vacation of an informal probate of a will subsequent to t…
Neb. Rev. Stat. § 30-2456 Successor personal representative.
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Parts 3 and 4 of this article govern proceedings for appointment of a personal representative to succeed one whose appointment has been terminated. After appointment and qualification, a successor personal representative may be substituted in all actions and proceedings to which …
Neb. Rev. Stat. § 30-2457 Special administrator; appointment.
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A special administrator may be appointed: (1) informally by the registrar on the application of any interested person when necessary to protect the estate of a decedent prior to the appointment of a general personal representative or if a prior appointment has been terminated as …
Neb. Rev. Stat. § 30-2458 Special administrator; who may be appointed.
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(a) If a special administrator is to be appointed pending the probate of a will which is the subject of a pending application or petition for probate, the person named personal representative in the will shall be appointed if available and qualified. (b) In other cases, any prope…
Neb. Rev. Stat. § 30-2459 Special administrator; appointed informally; powers and duties.
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A special administrator appointed by the registrar in informal proceedings pursuant to section 30-2457(1) has the duty to collect and manage the assets of the estate, to preserve them, to account therefor and to deliver them to the personal representative upon his qualification, …
Neb. Rev. Stat. § 30-2460 Special administrator; formal proceedings; powers and duties.
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A special administrator appointed by order of the court in any formal proceeding has the power of a personal representative except as limited in the appointment and duties as prescribed in the order. The appointment may be for a specified time, to perform particular acts or on ot…
Neb. Rev. Stat. § 30-2461 Termination of appointment; special administrator.
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The appointment of a special administrator terminates in accordance with the provisions of the order of appointment, other order of the court, or on the appointment of a personal representative. In other cases, the appointment of a special administrator is subject to termination …
Neb. Rev. Stat. § 30-2462 Time of accrual of duties and powers.
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The duties and powers of a personal representative commence upon his appointment. The powers of a personal representative relate back in time to give acts by the person appointed which are beneficial to the estate occurring prior to appointment the same effect as those occurring …
Neb. Rev. Stat. § 30-2463 Priority among different letters.
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A person to whom general letters are issued first has exclusive authority under the letters until his appointment is terminated or modified. If, through error, general letters are afterwards issued to another, the first appointed representative may recover any property of the est…