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 Akerson, 309 Neb. 470 (Neb. 2021).
“14 “‘[T]he prevailing rule is that the fact that a [charitable] organization named as a beneficiary in a will discontinues its active functions after the execution of the will does not impair its right to take the gift so long as its identity, whether corporate or associative,…”
In re Est. of Giventer, 310 Neb. 39 (Neb. 2021).
· cites it 2× “Section 30-2401, cited above, indicates that probate procedures relating to the rights of credi- tors apply only to property that passes through the decedent’s probate estate: The power of a person to leave property by will, and the rights of creditors, .”
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…”
Harts v. Cnty. of Knox, 308 Neb. 1 (Neb. 2020).
· cites it 2× “intestacy may establish title thereto by proof of the decedent’s ownership, his death, and their relationship to the decedent.” At the time of Sylvester’s death in 1997, the laws of intestate succession, specifically 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 Knapp, 321 Neb. 155 (Neb. 2026).
· cites it 2× “20 See Neb. Rev. Stat. § 30-2401 (Reissue 2016) (“[u]pon the death of a person .”
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