Chapter 30 — DECEDENTS' ESTATES; PROTECTION OF PERSONS AND PROPERTY
1,179 sections in this chapter.
Neb. Rev. Stat. § 30-2342 General residuary clause; construction that will passes all property; after-acquired property.
0.3K chars
Except as provided in section 30-2348, a general residuary clause in a will or a will making general disposition of all of the property of the testator is construed to pass all property which the testator owns at his death including property acquired after the execution of the wi…
Neb. Rev. Stat. § 30-2342.01 Gift for benevolent purpose; validity; court; powers; notice to Attorney General.
1.6K chars
(a) Except as otherwise provided in subsection (d) of this section, no gift, devise, or endowment for religious, educational, charitable, or benevolent purposes, which in other respects is valid under the laws of this state, shall be invalid or fail by reason of the indefinitenes…
Neb. Rev. Stat. § 30-2342.02 Terms relating to federal estate and generation-skipping transfer taxes; how construed.
1.7K chars
(1) A will or trust of a decedent who dies after December 31, 2009, and before January 1, 2011, that contains a formula referring to the "unified credit", "estate tax exemption", "applicable exemption amount", "applicable credit amount", "applicable exclusion amount", "generation…
Neb. Rev. Stat. § 30-2343 Anti-lapse; deceased devisee; class gifts.
0.7K chars
If a devisee related to the testator in any degree of kinship is dead at the time of execution of the will, fails to survive the testator, or is treated as if he predeceased the testator, the issue of the deceased devisee who survive the testator by one hundred twenty hours take …
Neb. Rev. Stat. § 30-2344 Failure of testamentary provision.
0.4K chars
(a) Except as provided in section 30-2343, if a devise other than a residuary devise fails for any reason, it becomes a part of the residue. (b) Except as provided in section 30-2343, if the residue is devised to two or more persons and the share of one of the residuary devisees …
Neb. Rev. Stat. § 30-2345 Change in securities; accessions; nonademption.
0.9K chars
(a) If the testator intended a specific devise of certain securities rather than the equivalent value thereof, the specific devisee is entitled only to: (1) as much of the devised securities as is a part of the estate at the time of the testator's death; (2) any additional or oth…
Neb. Rev. Stat. § 30-2346 Nonademption of specific devises in certain cases; sale by conservator; unpaid proceeds of sale, condemnation, or insurance.
1.3K chars
(a) If specifically devised property is sold by a conservator or guardian, or if a condemnation award or insurance proceeds are paid to a conservator or guardian as a result of condemnation, fire, or casualty, the specific devisee has the right to a general pecuniary devise equal…
Neb. Rev. Stat. § 30-2347 Nonexoneration.
0.2K chars
A specific devise passes subject to any security interest existing at the date of death, without right of exoneration, regardless of a general directive in the will to pay debts.
Neb. Rev. Stat. § 30-2348 Exercise of power of appointment.
0.3K chars
A general residuary clause in a will, or a will making general disposition of all of the testator's property, does not exercise a power of appointment held by the testator unless specific reference is made to the power or there is some other indication of intention to include the…
Neb. Rev. Stat. § 30-2349 Construction of generic terms to accord with relationships as defined for intestate succession.
0.2K chars
Halfbloods, adopted individuals and individuals born out of wedlock are included in class gift terminology and terms of relationship in accordance with rules for determining relationships for purposes of intestate succession.
Repealed. Laws 1974, LB 354, § 316.
0.0K chars
[Repealed or reserved.]
Neb. Rev. Stat. § 30-2350 Ademption by satisfaction.
0.7K chars
Property which a testator gave in his lifetime to a person is treated as a satisfaction of a devise to that person in whole or in part only if the will provides for deduction of the lifetime gift, or the testator declares in a writing contemporaneous with the gift that it is to b…
Neb. Rev. Stat. § 30-2351 Contracts concerning succession.
0.5K chars
A contract to make a will or devise, or not to revoke a will or devise, or to die intestate, if executed after January 1, 1977, can be established only by (1) provisions of a will stating material provisions of the contract; (2) an express reference in a will to a contract and ex…
Neb. Rev. Stat. § 30-2352 Renunciation of succession.
9.0K chars
(a)(1) A person (or the representative of a deceased, incapacitated, or protected person) who is an heir, devisee, person succeeding to a renounced interest, donee, beneficiary under a testamentary or nontestamentary instrument, donee of a power of appointment, grantee, surviving…
Neb. Rev. Stat. § 30-2353 Effect of divorce, annulment, and decree of separation.
1.2K chars
(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.
3.0K chars
(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.
0.8K chars
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.
0.6K chars
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…
Repealed. Laws 1974, LB 354, § 316.
0.0K chars
[Repealed or reserved.]
Repealed. Laws 1974, LB 354, § 316.
0.0K chars
[Repealed or reserved.]
Repealed. Laws 2001, LB 105, § 3.
0.0K chars
[Repealed or reserved.]
Repealed. Laws 2003, LB 130, § 143.
0.0K chars
[Repealed or reserved.]
Neb. Rev. Stat. § 30-24 Distribution; order in which assets appropriated; abatement.
Repealed. Laws 2003, LB 130, § 143.
0.0K chars
[Repealed or reserved.]
Neb. Rev. Stat. § 30-2401 Devolution of estate at death; restrictions.
0.9K chars
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.
1.4K chars
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.
0.3K chars
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.
0.7K chars
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.
0.5K chars
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.
0.4K chars
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.
0.8K chars
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.
2.1K chars
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.
0.4K chars
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.
6.4K chars
(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…
Repealed. Laws 2024, LB998, § 13.
0.0K chars
[Repealed or reserved.]
Neb. Rev. Stat. § 30-2410 Venue for first and subsequent estate proceedings; location of property.
1.6K chars
(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.
0.6K chars
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.
3.4K chars
(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.
1.1K chars
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.
4.3K chars
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…
Neb. Rev. Stat. § 30-2415 Informal probate; duty of registrar; effect of informal probate.
1.4K chars
(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.
2.7K chars
(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.
0.3K chars
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.
0.3K chars
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.
0.4K chars
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 …
Repealed. Laws 2024, LB998, § 13.
0.0K chars
[Repealed or reserved.]
Neb. Rev. Stat. § 30-2420 Informal appointment proceedings; delay in order; duty of registrar; effect of appointment.
1.9K chars
(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.
1.4K chars
(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.
0.4K chars
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.
0.4K chars
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…