Neb. Rev. Stat. » Chapter 30
Nebraska Revised Statutes

Neb. Rev. Stat. § 30-2313 (2026)

Right to elective share; validity of certain conveyances

✓ current as of July 2026
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(a) Except as provided in subsection (c) of this section, if a married person domiciled in this state dies, the surviving spouse has a right of election to take an elective share in any fraction not in excess of one-half of the augmented estate under the limitations and conditions hereinafter stated.

(b) Except as provided in subsection (c) of this section, if a married person not domiciled in this state dies, the right, if any, of the surviving spouse to take an elective share in property in this state and the amount or extent of such share are governed by the law of the decedent's domicile at death.

(c) If a married person dies and such person (1) had been an owner of real estate in this state and (2) had conveyed the real estate during his or her lifetime without joinder of his or her spouse in the conveyance, while domiciled outside of the state, such conveyance shall be valid regardless of the law of the decedent's domicile at death. The real estate shall not be subject to any claims or interests derived from the grantor or the grantor's estate because the spouse did not join in the conveyance.

Notes of Decisions
Cited in 13 cases, 1982–2017 · leading case: In Re Est. of Peterson, 381 N.W.2d 109 (Neb. 1986).
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In Re Est. of Peterson, 381 N.W.2d 109 (Neb. 1986). · cites it 7× “Within that general rule the Legislature has set out both the right of surviving spouse to elect to take an elective share of a deceased spouse’s estate ( Neb. Rev. Stat. § 30-2313 (Cum. Supp. 1984)) and the right of spouses to waive such a right by contract (§ 30-2316 (Reissue…”
In Re Est. of Chrisp, 759 N.W.2d 87 (Neb. 2009). · cites it 2× “The Augmented Estate Does Not Include premarital Trusts Under Neb. Rev. Stat. § 30-2313 (Reissue 1995), a surviving spouse has a right to a share of the "augmented estate" subject to conditions not at issue in this appeal.”
In Re Est. of Fries, 782 N.W.2d 596 (Neb. 2010). · cites it 2× “[5] ANALYSIS GENUINE ISSUE WHETHER LYLE RETAINED AT DEATH POSSESSION OR ENJOYMENT OF, OR RIGHT TO INCOME FROM, THE PROPERTIES Under Neb.Rev.Stat. § 30-2313(a) (Reissue 2008), a surviving spouse has a right to take an elective share of a decedent's estate "in any fraction not in…”
In re Guardianship & Conservatorship of Kaiser, 295 Neb. 532 (Neb. 2017). · cites it 6× “Heartland alleged that pursuant to Neb. Rev. Stat. § 30-2313 (Reissue 2016), Loyola, as the surviving spouse, had a right of election to take an elective share in any fraction not in excess of one-half of Albert’s augmented estate.”
In Re Est. of Myers, 594 N.W.2d 563 (Neb. 1999). · cites it 3× “Myers, filed a petition in the county court, seeking to take her *818 elective share of the decedent’s augmented estate pursuant to Neb. Rev. Stat. § 30-2313 et seq. (Reissue 1995).”
In Re Est. of Florey, 325 N.W.2d 643 (Neb. 1982). · cites it 2× “” With the adoption of the new probate code different provisions were also provided for the resident surviving spouse to elect under Neb. Rev. Stat. § 30-2313 (Reissue 1979).”
In re Est. of Alberts, 875 N.W.2d 427 (Neb. 2016). · cites it 3× “Alberts, authorized her attorney to file a petition on her behalf to elect to take one-half of Emil’s augmented estate under Neb. Rev. Stat. § 30-2313 (Reissue 2008).”
In Re Est. of Carman, 327 N.W.2d 611 (Neb. 1982). · cites it 3× “Carman elected to take against the will under the provisions of Neb. Rev. Stat. § 30-2313 (a) (Reissue 1979), which provides that the surviving spouse has a right to take an elective share of one-third of the augmented estate.”
In Re Est. of Wells, 380 N.W.2d 615 (Neb. 1986). · cites it 2× “In Carman the court determined that the contribution of the wife relative to her work on the farm was not a contribution “in money’s worth” as required by Neb. Rev. Stat. § 30-2313 (Reissue 1979) such that one-half the value of the farm production and jointly acquired personalty…”
Ziegenbein v. Hastings Coll., 519 N.W.2d 5 (Neb. Ct. App. 1994). “§ 30-2313. The purpose of *926 [t]he combined .”
In Re Est. of Walters, 324 N.W.2d 889 (Neb. 1982). · cites it 2× “The motion for assignment of a distributive share and the formal closing petition for complete settlement came on for hearing, and the court found that Edna Walters was not enti *647 tied to elective share provided by Neb. Rev. Stat. § 30-2313 (Reissue 1979) because the petition…”
In Re Est. of Poach, 600 N.W.2d 172 (Neb. 1999). · cites it 2× “In so doing, Mary Ellen (1) indicated reservations in light of her elective-share rights as a widow under Neb. Rev. Stat. § 30-2313 (Reissue 1995), (2) articulated her authority and intention to vote the testator’s DLC shares until their ultimate distribution, (3) expressed…”
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— Neb. Rev. Stat. § 30-2313(a) — 3 cases
In Re Est. of Fries, 782 N.W.2d 596 (Neb. 2010). “[5] ANALYSIS GENUINE ISSUE WHETHER LYLE RETAINED AT DEATH POSSESSION OR ENJOYMENT OF, OR RIGHT TO INCOME FROM, THE PROPERTIES Under Neb.Rev.Stat. § 30-2313(a) (Reissue 2008), a surviving spouse has a right to take an elective share of a decedent's estate "in any fraction not in…”
In re Guardianship & Conservatorship of Kaiser, 295 Neb. 532 (Neb. 2017). “Heartland alleged that pursuant to Neb. Rev. Stat. § 30-2313 (Reissue 2016), Loyola, as the surviving spouse, had a right of election to take an elective share in any fraction not in excess of one-half of Albert’s augmented estate.”
In Re Est. of Myers, 594 N.W.2d 563 (Neb. 1999). “Myers, filed a petition in the county court, seeking to take her *818 elective share of the decedent’s augmented estate pursuant to Neb. Rev. Stat. § 30-2313 et seq. (Reissue 1995).”
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