Chapter 30 — DECEDENTS' ESTATES; PROTECTION OF PERSONS AND PROPERTY
1,179 sections in this chapter.
Repealed. Laws 1974, LB 354, § 316.
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[Repealed or reserved.]
Repealed. Laws 1974, LB 354, § 316.
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[Repealed or reserved.]
Repealed. Laws 1974, LB 354, § 316.
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[Repealed or reserved.]
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…
Neb. Rev. Stat. § 30-2307 Kindred of half blood.
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The degrees of kindred shall be computed according to the rule of civil law. Relatives of the half blood inherit the same share they would inherit if they were of the whole blood.
Neb. Rev. Stat. § 30-2308 Afterborn heirs.
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Relatives of the decedent conceived before his death but born thereafter inherit as if they had been born in the lifetime of the decedent.
Neb. Rev. Stat. § 30-2309 Meaning of child and related terms.
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If, for purposes of intestate succession, a relationship of parent and child must be established to determine succession by, through, or from a person, (1) an adopted person is the child of an adopting parent and not of the natural parents except that adoption of a child by the s…
Repealed. Laws 1974, LB 354, § 316.
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[Repealed or reserved.]
Neb. Rev. Stat. § 30-2310 Advancements; method of determining.
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If a person dies intestate as to all his estate, property which he gave in his lifetime to an heir is treated as an advancement against the latter's share of the estate only if declared in a contemporaneous writing by the decedent or acknowledged in writing by the heir to be an a…
Neb. Rev. Stat. § 30-2311 Debts to decedent; retainer.
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A debt owed to the decedent is not charged against the intestate share of any person except the debtor. If the debtor fails to survive the decedent, the debt is not taken into account in computing the intestate share of the debtor's issue.
Neb. Rev. Stat. § 30-2312 Alienage; conditions.
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No person is disqualified to take as an heir because he or she or a person through whom he or she claims is or has been an alien except as provided in section 4-107 and under the Foreign-owned Real Estate National Security Act.
Neb. Rev. Stat. § 30-2312.01 Related by two lines of relationship; single share.
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An individual who is related to the decedent through two lines of relationship is entitled to only a single share based on the relationship that would entitle the individual to the larger share.
Neb. Rev. Stat. § 30-2312.02 Termination of parental rights; effect.
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(a) A parent is barred from inheriting from or through a child of the parent if the parent's parental rights were terminated and the parent-child relationship was not judicially reestablished. (b) For the purpose of intestate succession from or through the deceased child, a paren…
Neb. Rev. Stat. § 30-2313 Right to elective share; validity of certain conveyances.
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(a) Except as provided in subsection (c) of this section, if a married person domiciled in this state dies, the surviving spouse has a right of election to take an elective share in any fraction not in excess of one-half of the augmented estate under the limitations and condition…
Neb. Rev. Stat. § 30-2314 Augmented estate.
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(a) The augmented estate is the estate, first, reduced by the aggregate amount of funeral and administration expenses, homestead allowance, family allowances and exemptions, and enforceable claims and, second, increased by the aggregate amount of the following items: (1) The valu…
Neb. Rev. Stat. § 30-2315 Right of election personal to surviving spouse.
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The right of election of the surviving spouse may be exercised only during his or her lifetime by him or her. In the case of a protected person, the right of election may be exercised only by order of the court in which protective proceedings as to his or her property are pending…
Neb. Rev. Stat. § 30-2316 Waiver of right to elect and of other rights; enforceability.
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(a) The right of election of a surviving spouse and the rights of the surviving spouse to homestead allowance, exempt property, and family allowance, or any of them, may be waived, wholly or partially, before or after marriage, by a written contract, agreement, or waiver signed b…
Neb. Rev. Stat. § 30-2317 Proceeding for elective share; time limit.
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(a) The surviving spouse may elect to take his or her elective share in the augmented estate by filing in the court and mailing or delivering to the personal representative, if any, a petition for the elective share in any designated fraction not in excess of one-half or, in the …
Neb. Rev. Stat. § 30-2318 Effect of election benefits by will or statute.
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(a) The surviving spouse's election of his elective share does not affect the share of the surviving spouse under the provisions of the decedent's will or intestate succession unless the surviving spouse also expressly renounces in the petition for an elective share the benefit o…
Neb. Rev. Stat. § 30-2319 Charging spouse with gifts received; liability of others for balance of elective share.
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(a) In the proceeding for an elective share, property which is part of the augmented estate which passes or has passed to the surviving spouse by testate or intestate succession or other means and which has not been renounced, including that described in section 30-2314, is appli…
Repealed. Laws 1974, LB 354, § 316.
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[Repealed or reserved.]
Neb. Rev. Stat. § 30-2320 Omitted spouse.
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(a) If a testator fails to provide by will for his surviving spouse who married the testator after the execution of the will, the omitted spouse shall receive the same share of the estate he would have received if the decedent left no will unless waived pursuant to section 30-231…
Neb. Rev. Stat. § 30-2321 Pretermitted children.
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(a) If a testator fails to provide in his will for any of his children born or adopted after the execution of his will, the omitted child receives a share in the estate equal in value to that which he would have received if the testator had died intestate unless: (1) it appears f…
Neb. Rev. Stat. § 30-2322 Homestead allowance.
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A surviving spouse of a decedent who was domiciled in this state is entitled to a homestead allowance of seven thousand five hundred dollars for a decedent who dies before January 1, 2011, twenty thousand dollars for a decedent who dies on or after January 1, 2011, and before Jan…
Neb. Rev. Stat. § 30-2323 Exempt property.
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(1) In addition to the homestead allowance, the surviving spouse of a decedent who was domiciled in this state is entitled from the estate to value not exceeding five thousand dollars for a decedent who dies before January 1, 2011, twelve thousand five hundred dollars for a deced…
Neb. Rev. Stat. § 30-2324 Family allowance.
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In addition to the right to homestead allowance and exempt property, if the decedent was domiciled in this state, the surviving spouse and minor children whom the decedent was obligated to support and children who were in fact being supported by him are entitled to a reasonable a…
Neb. Rev. Stat. § 30-2325 Source, determination, and documentation.
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If the estate is otherwise sufficient, property specifically devised is not used to satisfy rights to homestead and exempt property. Subject to this restriction, the surviving spouse, the guardians of the minor children, or children who are adults may select property of the estat…
Neb. Rev. Stat. § 30-2326 Who may make a will.
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Any individual who is eighteen or more years of age or is not a minor and who is of sound mind may make a will and thereby dispose of personal and real property at and after death and prescribe, to the extent not otherwise controlled or limited by this code, the manner of adminis…
Neb. Rev. Stat. § 30-2327 Execution.
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Except as provided for holographic wills, writings within section 30-2338, and wills within section 30-2331, every will is required to be in writing signed by the testator or in the testator's name by some other individual in the testator's presence and by his direction, and is r…
Neb. Rev. Stat. § 30-2328 Holographic will.
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An instrument which purports to be testamentary in nature but does not comply with section 30-2327 is valid as a holographic will, whether or not witnessed, if the signature, the material provisions, and an indication of the date of signing are in the handwriting of the testator …
Neb. Rev. Stat. § 30-2329 Self-proved will.
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(1) Any will may be simultaneously executed, attested, and made self-proved by the acknowledgment thereof by the testator and the affidavits of the witnesses, each made before an officer authorized to administer oaths under the laws of this state or under the laws of the state wh…
Repealed. Laws 1974, LB 354, § 316.
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[Repealed or reserved.]
Neb. Rev. Stat. § 30-2330 Who may witness; interested witness; intestate share.
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(a) Any individual generally competent to be a witness may act as a witness to a will. (b) A will or any provision thereof is not invalid because the will is signed by an interested witness. Unless there is at least one disinterested witness to a will, an interested witness to a …
Neb. Rev. Stat. § 30-2331 Choice of law as to execution.
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A written will is valid if executed in compliance with section 30-2327 or 30-2328 or if its execution complies with the law at the time of execution of the place where the will is executed or of the place where at the time of execution or at the time of death the testator is domi…
Neb. Rev. Stat. § 30-2332 Revocation by writing or by act.
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A will or any part thereof is revoked (1) by a subsequent will which, as is evident either from its terms or from competent evidence of its terms, revokes the prior will or part expressly or by inconsistency; or (2) by being burned, torn, canceled, obliterated, or destroyed, with…
Neb. Rev. Stat. § 30-2333 Revocation by divorce or annulment; no revocation by other changes of circumstances.
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(a) For purposes of this section: (1) Beneficiary, as it relates to a trust beneficiary, includes a person who has any present or future interest, vested or contingent, and also includes the owner of an interest by assignment or other transfer; as it relates to a charitable trust…
Neb. Rev. Stat. § 30-2334 Revival of revoked will.
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(a) If a second will which, had it remained effective at death, would have revoked the first will in whole or in part, is thereafter revoked by acts under section 30-2332, the first will is revoked in whole or in part unless it is evident from the circumstances of the revocation …
Neb. Rev. Stat. § 30-2335 Incorporation by reference.
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Any writing in existence when a will is executed may be incorporated by reference if the language of the will manifests this intent and describes the writing sufficiently to permit its identification.
Neb. Rev. Stat. § 30-2336 Property owned at death and acquired by estate.
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A will may provide for the passage of all property the testator owns at death and all property acquired by the estate after the testator's death.
Neb. Rev. Stat. § 30-2337 Events of independent significance.
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A will may dispose of property by reference to acts and events which have significance apart from their effect upon the dispositions made by the will, whether they occur before or after the execution of the will or before or after the testator's death. The execution or revocation…
Neb. Rev. Stat. § 30-2338 Separate writing identifying bequest of tangible property.
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Whether or not the provisions relating to holographic wills apply, a will may refer to a written statement or list to dispose of items of tangible personal property not otherwise specifically disposed of by the will, other than money, evidences of indebtedness, documents of title…
Neb. Rev. Stat. § 30-2339 Requirement that devisee survive testator by one hundred twenty hours.
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A devisee who does not survive the testator by one hundred twenty hours is treated as if he predeceased the testator, unless the will of the testator contains some language dealing explicitly with simultaneous deaths or deaths in a common disaster, or requiring that the devisee s…
Repealed. Laws 1974, LB 354, § 316.
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[Repealed or reserved.]
Neb. Rev. Stat. § 30-2340 Choice of law as to meaning and effect of wills.
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The meaning and legal effect of a disposition in a will shall be determined by the local law of a particular state selected by the testator in his instrument unless the application of that law is contrary to the provisions relating to the elective share described in part 2 of thi…
Neb. Rev. Stat. § 30-2341 Rules of construction and intention.
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The intention of a testator as expressed in his will controls the legal effect of his dispositions. The rules of construction expressed in the succeeding sections of this part apply unless a contrary intention is indicated by the will.