30-2201. Short title. Sections 30-401 to 30-406, 30-701 to 30-713, 30-2201 to 30-2902, 30-3901 to 30-3923, 30-4001 to 30-4045, and 30-4201 to 30-4210 and the Public Guardianship Act shall be known and may be cited as the Nebraska Probate Code. Source Laws 1974, LB 354, § 1, UPC § 1-101; Laws 1985, LB 292, § […]
30-2202. Purposes; rule of construction. (a) This code shall be liberally construed and applied to promote its underlying purposes and policies. (b) The underlying purposes and policies of this code are: (1) to simplify and clarify the law concerning the affairs of decedents, missing persons, protected persons, minors, and incapacitated persons; (2) to discover and […]
30-2203. Supplementary general principles of law applicable. Unless displaced by the particular provisions of this code, the principles of law and equity supplement its provisions. Source Laws 1974, LB 354, § 3, UPC § 1-103.
30-2204. Severability. If any provisions of this code or the application thereof to any person or circumstances is held invalid, the invalidity shall not affect other provisions or applications of the code which can be given effect without the invalid provision or application, and to this end the provisions of this code are declared to […]
30-2205. Construction against implied repeal. This code is a general act intended as a unified coverage of its subject matter and no part of it shall be deemed impliedly repealed by subsequent legislation if it can reasonably be avoided. Source Laws 1974, LB 354, § 5, UPC § 1-105.
30-2206. Effect of fraud and evasion. Whenever fraud has been perpetrated in connection with any proceeding or in any statement filed under this code or if fraud is used to avoid or circumvent the provisions or purposes of this code, any person injured thereby may obtain appropriate relief against the perpetrator of the fraud or […]
30-2207. Evidence as to death or status. In proceedings under this code the rules of evidence in courts of general jurisdiction, including any relating to simultaneous deaths, are applicable unless specifically displaced by the code. In addition, the following rules relating to determination of death and status are applicable: (1) a certified or authenticated copy […]
30-2208. Acts by holder of general power. For the purpose of granting consent or approval with regard to the acts or accounts of a personal representative, including relief from liability or penalty for failure to post bond or to perform other duties, the sole holder or all coholders of a presently exercisable general power of […]
30-2209. General definitions. Subject to additional definitions contained in the subsequent articles which are applicable to specific articles or parts, and unless the context otherwise requires, in the Nebraska Probate Code: (1) Application means a written request to the registrar for an order of informal probate or appointment under part 3 of Article 24. (2) […]
30-2210. Territorial application. Except as otherwise provided in this code, this code applies to (1) the affairs and estates of decedents, missing persons, and persons to be protected, domiciled in this state, (2) the property of nonresidents located in this state or property coming into the control of a fiduciary who is subject to the […]
30-2211. Subject matter jurisdiction. (a) To the full extent permitted by the Constitution of Nebraska, the court has jurisdiction over all subject matter relating to (1) estates of decedents, including construction of wills and determination of heirs and successors of decedents, and estates of protected persons; and (2) protection of minors and incapacitated persons, except […]
30-2211.01. Minor; fees and costs. The reasonable fees and costs of an attorney, a guardian ad litem, a physician, and a visitor appointed by the court for the minor shall be allowed, disallowed, or adjusted by the court and may be paid from the estate of the minor if the minor possesses an estate or, […]
30-2212. Venue; multiple proceedings; transfer. (a) Where a proceeding under this code could be maintained in more than one place in this state, the court in which the proceeding is first commenced has the exclusive right to proceed. (b) If proceedings concerning the same estate, protected person, or ward are commenced in more than one […]
30-2213. Supreme Court; establish rules; uniform administration, proceedings, and practice. The Supreme Court shall have authority to establish rules to carry into effect the provisions of this code so that its administration, proceedings, and practice shall be uniform. Source Laws 1974, LB 354, § 13.
30-2214. Clerk of court shall keep records and certified copies. The clerk of court shall keep a record for each decedent, ward, or protected person involved in any document which may be filed with the court under this code, including petitions and applications, demands for notices or bonds, and of any orders or responses relating […]
30-2215. Mailing published notice; proof. The party instituting or maintaining the proceeding or his attorney is required to mail the published notice and give proof thereof in accordance with section 25-520.01. Source Laws 1974, LB 354, § 15.
30-2216. Registrar; powers. The acts and orders which this code specifies as performable by the registrar may be performed either by a judge of the court or by a person, including the clerk, designated by the court by a written order filed and recorded in the office of the court. Source Laws 1974, LB 354, […]
30-2217. Appeals; manner. Appellate review under this code shall be governed by section 30-1601. Source Laws 1974, LB 354, § 17, UPC § 1-308. Annotations Appeals of matters arising under the Nebraska Probate Code are reviewed for error on the record. In re Conservatorship of Estate of Martin, 228 Neb. 103, 421 N.W.2d 463 (1988).
30-2218. Clerk magistrates; assignment of matters. Assignment of matters arising under the Nebraska Probate Code to clerk magistrates shall be subject to sections 24-519 and 24-520. Source Laws 1974, LB 354, § 18, UPC § 1-309; Laws 1977, LB 167, § 2; Laws 1986, LB 529, § 46.
30-2219. Oath, affirmation, or statement on filed documents; perjury; penalty. Except as otherwise specifically provided in this code or by rule, every document filed with the court under this code including applications, petitions, and demands for notice, shall be deemed to include an oath, affirmation, or statement to the effect that its representations are true […]
