Nebraska § 30-2306 Representation

Nebraska Statutes

§ 30-2306 — Representation

Nebraska § 30-2306

Ch. 30Decedents' Estates; Protection of Persons and Property

This text of Nebraska § 30-2306 (Representation) is published on Counsel Stack Legal Research, covering Nebraska primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Neb. Rev. Stat. § 30-2306 (2026).

Text

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 receiving one share and the share of each deceased person in the same degree being divided among his issue in the same manner.

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Legislative History

Source: Laws 1974, LB 354, § 28, UPC § 2-106. Annotations: There must be at least one survivor in a degree of kinship to apply the phrase "by right of representation." In re Estate of Evans, 20 Neb. App. 602, 827 N.W.2d 314 (2013). When an estate is divided "by representation" as provided for in this section into as many shares as there are surviving heirs in the nearest degree of kinship, the court looks first to the decedent's siblings, then to the decedent's siblings' children, and on down the generational line until reaching a generation containing surviving heirs. In re Estate of Evans, 20 Neb. App. 602, 827 N.W.2d 314 (2013).