Nebraska § 30-2494 Execution and levies prohibited

Nebraska Statutes

§ 30-2494 — Execution and levies prohibited

Nebraska § 30-2494

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

This text of Nebraska § 30-2494 (Execution and levies prohibited) 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. § 30-2494 (2026).

Text

No execution may issue upon nor may any levy be made against any property of the estate under any judgment against a decedent or a personal representative, but this section shall not be construed to prevent the enforcement of mortgages, pledges or other liens existing at the time of death upon real or personal property in an appropriate proceeding.

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Legislative History

Source: Laws 1974, LB 354, § 172, UPC § 3-812. Annotations: A judgment lien on the proceeds from a sale is not a claim subject to the provisions of the Nebraska Probate Code. A judgment lien against decedent in existence prior to the death of decedent falls within this exclusion of the Nebraska Probate Code. McCook Nat. Bank v. Bennett, 248 Neb. 567, 537 N.W.2d 353 (1995). This section allows for the enforcement of judgment liens existing at the time of death in other proceedings outside the probate proceedings. In re Estate of Stretesky, 29 Neb. App. 338, 955 N.W.2d 1 (2021).