Chapter 30 — DECEDENTS' ESTATES; PROTECTION OF PERSONS AND PROPERTY
1,179 sections in this chapter.
Neb. Rev. Stat. § 30-2471 Power to avoid transfers.
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The property liable for the payment of unsecured debts of a decedent includes all property transferred by him by any means which is in law void or voidable as against his creditors, and, subject to prior liens, the right to recover this property, so far as necessary for the payme…
Neb. Rev. Stat. § 30-2472 Powers of personal representatives; in general.
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Until termination of his appointment a personal representative has the same power over the title to property of the estate that an absolute owner would have, in trust however, for the benefit of the creditors and others interested in the estate. Unless otherwise specifically orde…
Neb. Rev. Stat. § 30-2473 Improper exercise of power; breach of fiduciary duty.
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If the exercise of power concerning the estate is improper, the personal representative is liable to interested persons for damage or loss resulting from breach of his fiduciary duty to the same extent as a trustee of an express trust. The rights of purchasers and others dealing …
Neb. Rev. Stat. § 30-2474 Sale, encumbrance, or transaction involving conflict of interest; voidable; exceptions.
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Any sale or encumbrance to the personal representative, his spouse, agent or attorney, or any corporation or trust in which he has a substantial beneficial interest, or any transaction which is affected by a substantial conflict of interest on the part of the personal representat…
Neb. Rev. Stat. § 30-2475 Persons dealing with personal representative; protection.
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A person who in good faith either assists a personal representative or deals with him for value is protected as if the personal representative properly exercised his power. The fact that a person knowingly deals with a personal representative does not alone require the person to …
Neb. Rev. Stat. § 30-2476 Transactions authorized for personal representatives; exceptions.
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Except as restricted or otherwise provided by the will or by an order in a formal proceeding, without limiting the authority conferred by section 30-2472, and subject to the priorities stated in section 30-24,100, a personal representative, acting reasonably for the benefit of th…
Neb. Rev. Stat. § 30-2477 Powers and duties of successor personal representative.
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A successor personal representative has the same power and duty as the original personal representative to complete the administration and distribution of the estate, as expeditiously as possible, but he shall not exercise any power expressly made personal to the executor named i…
Neb. Rev. Stat. § 30-2478 Corepresentatives; when joint action required.
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If two or more persons are appointed corepresentatives and unless the will provides otherwise, the concurrence of all is required on all acts connected with the administration and distribution of the estate. This restriction does not apply when any corepresentative receives and r…
Neb. Rev. Stat. § 30-2479 Powers of surviving personal representative.
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Unless the terms of the will otherwise provide, every power exercisable by personal corepresentatives may be exercised by the one or more remaining after the appointment of one or more is terminated, and if one of two or more nominated as coexecutors is not appointed, those appoi…
Neb. Rev. Stat. § 30-2480 Compensation of personal representative.
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A personal representative is entitled to reasonable compensation for his services. If a will provides for compensation of the personal representative and there is no contract with the decedent regarding compensation, he may renounce the provision before qualifying and be entitled…
Neb. Rev. Stat. § 30-2481 Expenses in estate litigation.
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If any personal representative or person nominated as personal representative defends or prosecutes any proceeding in good faith, whether successful or not he is entitled to receive from the estate his necessary expenses and disbursements including reasonable attorneys' fees incu…
Neb. Rev. Stat. § 30-2482 Proceedings for review of employment of agents and compensation of personal representatives and employees of estate.
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(1) After notice to all interested persons or on petition of an interested person or on appropriate motion if administration is supervised, the propriety of employment of any person by a personal representative including any attorney, auditor, investment advisor, or other special…
Neb. Rev. Stat. § 30-2483 Notice to creditors.
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(a) Unless notice has already been given under this article and except when an appointment of a personal representative is made pursuant to subdivision (4) of section 30-2408, the clerk of the court upon the appointment of a personal representative shall publish a notice once a w…
Neb. Rev. Stat. § 30-2484 Statutes of limitations.
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Unless an estate is insolvent the personal representative, with the consent of all successors, may waive any defense of limitations available to the estate. If the defense is not waived, no claim which was barred by any statute of limitations at the time of the decedent's death s…
Neb. Rev. Stat. § 30-2485 Limitations on presentation of claims.
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(a) All claims against a decedent's estate which arose before the death of the decedent, including claims of the state and any subdivision thereof, whether due or to become due, absolute or contingent, liquidated or unliquidated, founded on contract, tort, or other legal basis, i…
Neb. Rev. Stat. § 30-2486 Manner of presentation of claims.
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Claims against a decedent's estate may be presented as follows: (1) The claimant may file a written statement of the claim, in the form prescribed by rule, with the clerk of the court. The claim is deemed presented on the filing of the claim with the court. If a claim is not yet …
Neb. Rev. Stat. § 30-2487 Payment of claims; order.
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(a) If the applicable assets of the estate are insufficient to pay all claims in full, the personal representative shall make payment in the following order: (1) Costs and expenses of administration; (2) Reasonable funeral expenses; (3) Debts and taxes with preference under feder…
Neb. Rev. Stat. § 30-2488 Allowance of claims; transfer of certain claims; procedures.
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(a) As to claims presented in the manner described in section 30-2486 within the time limit prescribed in section 30-2485, the personal representative may mail a notice to any claimant stating that the claim has been disallowed. If, after allowing or disallowing a claim, the pers…
Neb. Rev. Stat. § 30-2489 Payment of claims.
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(a) Upon the expiration of two months from the date of the first publication of the notice to creditors, the personal representative shall proceed to pay the claims allowed against the estate in the order of priority prescribed, after making allowance for costs and expenses of ad…
Neb. Rev. Stat. § 30-2490 Individual liability of personal representative.
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(a) Unless otherwise provided in the contract, a personal representative is not individually liable on a contract properly entered into in his fiduciary capacity in the course of administration of the estate unless he fails to reveal his representative capacity and identify the e…
Neb. Rev. Stat. § 30-2491 Secured claims.
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Payment of a secured claim is upon the basis of the amount allowed if the creditor surrenders his security; otherwise payment is upon the basis of one of the following: (1) if the creditor exhausts his security before receiving payment, upon the amount of the claim allowed less t…
Neb. Rev. Stat. § 30-2492 Claims not due and contingent or unliquidated claims.
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(a) If a claim which will become due at a future time or a contingent or unliquidated claim becomes due or certain before the distribution of the estate, and if the claim has been allowed or established by a proceeding, it is paid in the same manner as presently due and absolute …
Neb. Rev. Stat. § 30-2493 Counterclaims.
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In allowing a claim the personal representative may deduct any counterclaim which the estate has against the claimant. In determining a claim against an estate a court shall reduce the amount allowed by the amount of any counterclaims and, if the counterclaims exceed the claim, r…
Neb. Rev. Stat. § 30-2494 Execution and levies prohibited.
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No execution may issue upon nor may any levy be made against any property of the estate under any judgment against a decedent or a personal representative, but this section shall not be construed to prevent the enforcement of mortgages, pledges or other liens existing at the time…
Neb. Rev. Stat. § 30-2495 Compromise of claims.
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When a claim against the estate has been presented, the personal representative may, if it appears for the best interest of the estate, compromise the claim, whether due or not due, absolute or contingent, liquidated or unliquidated.
Neb. Rev. Stat. § 30-2496 Encumbered assets.
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If any assets of the estate are encumbered by mortgage, pledge, lien, or other security interest, the personal representative may pay the encumbrance or any part thereof, renew or extend any obligation secured by the encumbrance or convey or transfer the assets to the creditor in…
Neb. Rev. Stat. § 30-2497 Administration in more than one state; duty of personal representative.
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(a) All assets of estates being administered in this state are subject to all claims, allowances and charges existing or established against the personal representative wherever appointed. (b) If the estate either in this state or as a whole is insufficient to cover all family ex…
Neb. Rev. Stat. § 30-2498 Final distribution to domiciliary representative.
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The estate of a nonresident decedent being administered by a personal representative appointed in this state shall, if there is a personal representative of the decedent's domicile willing to receive it, be distributed to the domiciliary personal representative for the benefit of…
Neb. Rev. Stat. § 30-2499 Successors' rights if no administration.
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In the absence of administration, the heirs and devisees are entitled to the estate in accordance with the terms of a probated will or the laws of intestate succession. Devisees may establish title by the probated will to devised property. Persons entitled to property by homestea…
Neb. Rev. Stat. § 30-2501 Definitions.
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In this article (1) Local administration means administration by a personal representative appointed in this state pursuant to appointment proceedings described in Article 24. (2) Local personal representative includes any personal representative appointed in this state pursuant …
Neb. Rev. Stat. § 30-2502 Payment of debt and delivery of property to domiciliary foreign personal representative without local administration.
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At any time after the expiration of sixty days from the death of a nonresident decedent, any person indebted to the estate of the nonresident decedent or having possession or control of personal property, or of an instrument evidencing a debt, obligation, stock or chose in action…
Neb. Rev. Stat. § 30-2503 Payment or delivery discharges.
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Payment or delivery made in good faith on the basis of the proof of authority and affidavit releases the debtor or person having possession of the personal property to the same extent as if payment or delivery had been made to a local personal representative.
Neb. Rev. Stat. § 30-2504 Resident creditor notice.
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Payment or delivery under section 30-2503 may not be made if a resident creditor of the nonresident decedent has notified the debtor of the nonresident decedent or the person having possession of the personal property belonging to the nonresident decedent that the debt should not…
Neb. Rev. Stat. § 30-2505 Proof of authority; bond.
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If no local administration or application or petition therefor is pending in this state, a domiciliary foreign personal representative may file with a court in this state in a county in which property belonging to the decedent is located, authenticated copies of his appointment a…
Neb. Rev. Stat. § 30-2506 Powers.
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A domiciliary foreign personal representative who has complied with section 30-2505 may exercise as to assets in this state all powers of a local personal representative and may maintain actions and proceedings in this state subject to any conditions imposed upon nonresident part…
Neb. Rev. Stat. § 30-2507 Power of representatives in transition.
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The power of a domiciliary foreign personal representative under section 30-2502 or 30-2506 shall be exercised only if there is no administration or application therefor pending in this state. An application or petition for local administration of the estate terminates the power …
Neb. Rev. Stat. § 30-2508 Ancillary and other local administrations; provisions governing.
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In respect to a nonresident decedent, the provisions of Article 24 of this code govern (1) proceedings, if any, in a court of this state for probate of the will, appointment, removal, supervision, and discharge of the local personal representative, and any other order concerning …
Neb. Rev. Stat. § 30-2509 Jurisdiction by act of foreign personal representative.
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A foreign personal representative submits himself personally to the jurisdiction of the courts of this state in any proceeding relating to the estate by (1) filing authenticated copies of his appointment as provided in section 30-2505, (2) receiving payment of money or taking del…
Neb. Rev. Stat. § 30-2510 Jurisdiction by act of decedent.
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In addition to jurisdiction conferred by section 30-2509, a foreign personal representative is subject to the jurisdiction of the courts of this state to the same extent that his decedent was subject to jurisdiction immediately prior to death.
Neb. Rev. Stat. § 30-2511 Service on foreign personal representative.
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Service of process may be made upon the foreign personal representative who has submitted himself or herself to the jurisdiction of the court under section 30-2509 or is subject to jurisdiction under section 30-2510 in the manner provided for service of a summons in a civil actio…
Neb. Rev. Stat. § 30-2512 Effect of adjudication for or against personal representative.
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An adjudication rendered in any jurisdiction, which has an applicable provision of law similar in reciprocal effect to this provision, in favor of or against any personal representative of the estate is as binding on the local personal representative as if he were a party to the …
Neb. Rev. Stat. § 30-2601 Definitions and use of terms.
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Unless otherwise apparent from the context, in the Nebraska Probate Code: (1) Incapacitated person means any person who is impaired by reason of mental illness, mental deficiency, physical illness or disability, chronic use of drugs, chronic intoxication, or other cause (except m…
Neb. Rev. Stat. § 30-2601.01 Guardians and conservators; training curricula.
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The Public Guardian shall approve training curricula for persons appointed as guardians and conservators. Such training curricula shall include, but not be limited to: (1) The rights of wards under sections 30-2601 to 30-2661 and the Public Guardianship Act specifically and under…
Neb. Rev. Stat. § 30-2601.02 Legislative intent.
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The Legislature recognizes the need for providing mechanisms for intervening in the lives of certain persons who are impaired by reason of disability. It is the intent of the Legislature to authorize the use of guardianships and conservatorships for such intervention. It is also …
Neb. Rev. Stat. § 30-2602 Jurisdiction of subject matter; consolidation of proceedings.
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(a) The court has jurisdiction over protective proceedings and guardianship proceedings. (b) When both guardianship and protective proceedings as to the same person are commenced or pending in the same court, the proceedings may be consolidated.
Neb. Rev. Stat. § 30-2602.01 Ex parte orders; authorized; violation; penalty.
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During the pendency of any proceeding under sections 30-2601 to 30-2661 after a guardian or conservator is appointed, upon application by any interested person and if the accompanying affidavit of such person or his or her agent shows to the court that the ward's or protected per…
Neb. Rev. Stat. § 30-2602.02 Guardian or conservator; national criminal history record information check; report; waiver by court; costs.
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(1) A person, except for a financial institution as that term is defined in section 8-101.03 or its officers, directors, employees, or agents or a trust company, who has been nominated for appointment as a guardian or conservator shall authorize the Nebraska State Patrol to submi…
Neb. Rev. Stat. § 30-2602.03 Judicial proceeding; award of costs and expenses; authorized.
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In any judicial proceeding involving the appointment of a guardian or a conservator, the administration of a guardianship or conservatorship, or an accounting for a guardianship or a conservatorship, the court, as justice and equity may require, may award costs and expenses, incl…
Neb. Rev. Stat. § 30-2603 Payment or delivery to minor.
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Any person under a duty to pay or deliver money or personal property to a minor may perform this duty, in amounts not exceeding forty thousand dollars per annum, by paying or delivering the money or property to: (1) The minor, if he or she has attained the age of eighteen years o…
Neb. Rev. Stat. § 30-2604 Delegation of powers by parent or guardian.
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A parent or a guardian of a minor or incapacitated person, by a properly executed power of attorney, may delegate to another person, for a period not exceeding six months, any of his or her powers regarding care, custody, or property of the minor child or ward, except his or her …