§ 30-2484 — Statutes of limitations

Nebraska § 30-2484

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

Text

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 shall be allowed or paid. The running of any statute of limitations measured from some other event than death and advertisement for claims against a decedent is suspended during the two months following the decedent's death but resumes thereafter as to claims not barred pursuant to the sections which follow. For purposes of any statute of limitations, the proper presentation of a claim under section 30-2486 is equivalent to commencement of a proceeding on the claim.

Legislative History

Source: Laws 1974, LB 354, § 162, UPC § 3-802. Annotations: The two month suspension in this section means that by reason of a debtor's death, two months is added to the normal period of limitations before a debt is barred. Sparks v. Mach, 314 Neb. 724, 993 N.W.2d 119 (2023). Under the Nebraska Probate Code, the first statute of limitations to apply will accomplish a bar. Sparks v. Mach, 314 Neb. 724, 993 N.W.2d 119 (2023). Under this section, the running of any statute of limitations, measured from some event other than the death of and subsequent advertisement for claims against a decedent, is suspended during the two months following the decedent's death but resumes thereafter as to claims not barred pursuant to any applicable statute of limitations. Sparks v. Mach, 314 Neb. 724, 993 N.W.2d 119 (2023). Filing a claim against an estate with the clerk of the court is equivalent to the commencement of a proceeding on the claim. Mulinix v. Roberts, 261 Neb. 800, 626 N.W.2d 220 (2001).