The power of a person to leave property by will, and the rights of creditors, devisees, and heirs to his property are subject to the restrictions and limitations contained in this code to facilitate the prompt settlement of estates. Upon the death of a person, his real and personal property devolves to the persons to whom it is devised by his last will or to those indicated as substitutes for them in cases involving lapse, renunciation, or other circumstances affecting the devolution of testate estate or, in the absence of testamentary disposition, to his heirs, or to those indicated as substitutes for them in cases involving renunciation or other circumstances affecting devolution of intestate estates, subject to homestead allowance, exempt property and family allowance, to rights of creditors, elective share of the surviving spouse, and to administration.
Notes of Decisions
Cited in
14
cases (
5 in the last 5 years), 1996–2026 · leading case:
Ruzicka v. Ruzicka, 635 N.W.2d 528 (Neb. 2001).
Ruzicka v. Ruzicka, 635 N.W.2d 528 (Neb. 2001).
· cites it 3× “) § 30-2401. According to the allegations in the petition for intervention, which we must accept as true, all of the debts of the estate have been paid, there are sufficient assets to pay specific bequests made by Robert in his will, and the real estate at issue constitutes the…”
Washington v. Conley, 734 N.W.2d 306 (Neb. 2007).
· cites it 2× “22 Neb. Rev. Stat. § 30-2401 (Reissue 1995).”
Gibbs Cattle Co. v. Bixler, 831 N.W.2d 696 (Neb. 2013).
· cites it 2× “The court vested title to the disputed mineral interests in Gibbs.”
In re Est. of Giventer, 964 N.W.2d 234 (Neb. 2021).
· cites it 2× “31 (2013) (process for making claims against decedent’s estate designed to force decedents’ creditors to assert their claims against duly appointed personal representatives). See, also, In re Estate of Chrisp, supra (nontestamentary trust is not subject to procedures for…”
Mischke v. Mischke, 571 N.W.2d 248 (Neb. 1997).
· cites it 2× “Neb. Rev. Stat. § 30-2401 (Reissue 1995).”
Nielsen v. Nielsen, 700 N.W.2d 675 (Neb. Ct. App. 2005).
· cites it 3× “*747 For the sake of completeness, we note that Neb. Rev. Stat. § 30-2401 (Reissue 1995) states, in pertinent part, “Upon the death of a person, his [or her] real and personal property devolves to the persons to whom it is devised by his [or her] last will .”
Beachy v. Becerra, 609 N.W.2d 648 (Neb. 2000).
· cites it 3× “Beachy argues to the contrary, asserting that pursuant to Neb. Rev. Stat. § 30-2401 (Reissue 1995), an heir at law is the only real party in interest with respect to a claim for recovery of property which was owned by the decedent at the time of death but did not pass to the…”
In re Est. of Akerson, 960 N.W.2d 719 (Neb. 2021).
“548 , 787 N.W.2d 707 (2010). 14 See, In re Estate of Barger, supra note 2; Carr v.”
Harts v. Cnty. of Knox, 952 N.W.2d 199 (Neb. 2020).
· cites it 2× “§ 30-2302 (3) (Reissue 2008), provided that Bernadette, as Sylvester’s sur- viving spouse, was entitled to the first $50,000, plus one-half of the remaining estate, while under Neb.”
WTJ Skavdahl Land v. Elliott, 830 N.W.2d 488 (Neb. 2013).
· cites it 2× “The court then concluded that Evelyn was the record owner of the mineral interests because she was the person listed in the register of deeds.”
Trew v. Trew, 558 N.W.2d 314 (Neb. Ct. App. 1996).
· cites it 2× “” Neb. Rev. Stat. § 30-2401 (Reissue 1995).”
In re Est. of Mayberry, No. A-22-920 (Neb. Ct. App. Jan. 2, 2024).
· cites it 2× “2020); Neb. Rev. Stat. § 30-2401 (Reissue 2016).”
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