Nebraska § 30-2404 Claims against decedent; necessity of administration

Nebraska Statutes

§ 30-2404 — Claims against decedent; necessity of administration

Nebraska § 30-2404

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

This text of Nebraska § 30-2404 (Claims against decedent; necessity of administration) 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. § 30-2404 (2026).

Text

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 governed by the procedure prescribed by this article. After distribution a creditor whose claim has not been barred may recover from the distributees as provided in section  30-24,118  or from a former personal representative individually liable as provided in section  30-24,119 . This section has no application to a proceeding by a secured creditor of the decedent to enforce his right to his security except as to any deficiency judgment which might be sought therein.

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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 governed by the procedure prescribed by this article. After distribution a creditor whose claim has not been barred may recover from the distributees as provided in section 30-24,118 or from a former personal representative individually liable as provided in section 30-24,119 . This section has no application to a proceeding by a secured creditor of the decedent to enforce his right to his security except as to any deficiency judgment which might be sought therein.

Legislative History

Source: Laws 1974, LB 354, § 82, UPC § 3-104. Annotations: An otherwise valid amended complaint, filed after a complaint filed prematurely under this section but after the appointment or reappointment of a personal representative, is sufficient to commence a proceeding within the meaning of section 30-2486(2). Sparks v. Mach, 314 Neb. 724, 993 N.W.2d 119 (2023). Under this section, a claim against a decedent's estate cannot be commenced before the county court has appointed a personal representative. Sparks v. Mach, 314 Neb. 724, 993 N.W.2d 119 (2023). The mere filing of a claim with a probate court does not constitute commencement of a proceeding to enforce a claim. Lenners v. St. Paul Fire & Marine Ins. Co., 18 Neb. App. 772, 793 N.W.2d 357 (2010).