§ 30-2211 — Subject matter jurisdiction

Nebraska § 30-2211

• Jurisdiction: Nebraska
• Ch. 30: Decedents' Estates; Protection of Persons and Property

Text

(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 as provided in the Nebraska Uniform
Adult Guardianship and Protective Proceedings Jurisdiction Act.
(b) The court has full power to make orders, judgments, and
decrees and take all other action necessary and proper to administer justice
in the matters which come before it.

Legislative History

Source: Laws 1974, LB 354, § 11, UPC § 1-302; Laws 2003, LB 130, § 123; Laws 2011, LB157, § 31. Cross References: Nebraska Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act, see section 30-3901. Annotations: The county courts have the power to construe wills. Brinkman v. Brinkman, 302 Neb. 315, 923 N.W.2d 380 (2019). In common-law and equity actions relating to decedents' estates, the county courts have concurrent original jurisdiction with the district courts. When the jurisdiction of the county court and district court is concurrent, the basic principles of judicial administration require that the court which first acquires jurisdiction should retain it to the exclusion of the other court. Washington v. Conley, 273 Neb. 908, 734 N.W.2d 306 (2007). To the extent permitted by the Nebraska Constitution, the county court has jurisdiction over all subject matter relating to estates of decedents, including the determination of heirs, subject to administration. Mischke v. Mischke, 253 Neb. 439, 571 N.W.2d 248 (1997). County courts, in exercising exclusive original jurisdiction over estates, may apply equitable principles to matters within probate jurisdiction. In re Estate of Steppuhn, 221 Neb. 329, 377 N.W.2d 83 (1985). In an equity action to determine title to joint bank accounts based on constructive trust or conversion, the county courts cannot acquire jurisdiction under this section since they have no equity jurisdiction over this type of action. Miller v. Janecek, 210 Neb. 316, 314 N.W.2d 250 (1982). County courts have exclusive original jurisdiction of all matters related to decedents' estates, including the probate of wills and the construction thereof, and all other jurisdiction heretofore provided and not specifically repealed by Laws 1972, LB 1032, and such other jurisdiction as thereafter provided by law. County courts, in exercising exclusive original jurisdiction over estates, may apply equitable principles to matters within probate jurisdiction. In re Estate of Layton, 207 Neb. 646, 300 N.W.2d 802 (1981). The probate court lacked subject matter jurisdiction under this section to address requests for reimbursement of attorney fees by an heir or devisee from another heir or devisee that were incurred while defending against actions in the district court. In re Estate of Schurman, 30 Neb. App. 259, 967 N.W.2d 734 (2021).