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

Neb. Rev. Stat. § 30-2404 (2026)

Claims against decedent; necessity of administration

✓ text as last checked Oct. 2026 (this copy records no edition or section history)
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No proceeding to enforce a claim against the estate of a decedent or his successors may be revived or commenced before the appointment of a personal representative. After the appointment and until distribution, all proceedings and actions to enforce a claim against the estate are governed by the procedure prescribed by this article. After distribution a creditor whose claim has not been barred may recover from the distributees as provided in section 30-24,118 or from a former personal representative individually liable as provided in section 30-24,119. This section has no application to a proceeding by a secured creditor of the decedent to enforce his right to his security except as to any deficiency judgment which might be sought therein.

Notes of Decisions
Cited in 12 cases (5 in the last 5 years), 1988–2025 · leading case: In re Est. of Reimer, 427 N.W.2d 293 (Neb. 1988).
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In re Est. of Reimer, 427 N.W.2d 293 (Neb. 1988). · cites it 3× “With regard to appellant’s second assignment of error, appellant points out that Neb. Rev. Stat. § 30-2404 (Reissue 1985) provides in part: “No proceeding to enforce a claim against the estate of a decedent or his successors may be revived or commenced before the appointment of…”
Reid v. Evans, 733 N.W.2d 186 (Neb. 2007). · cites it 4× “Contrary to the requirements in the relevant probate statute regarding commencement of actions against an estate, Neb. Rev. Stat. § 30-2404 (Reissue 1995), Reid named only Donald in her complaint, and she failed to obtain service of process upon Donald within 6 months of the…”
Babbitt v. Hronik, 623 N.W.2d 700 (Neb. 2001). · cites it 5× “” The personal representative argues that Neb. Rev. Stat. § 30-2404 (Reissue 1995) controls the commencement of an action against a deceased individual.”
Fox v. Nick, 660 N.W.2d 881 (Neb. 2003). · cites it 2× “Nebraska’s statutory procedure for revivor is provided by Neb. Rev. Stat. §§ 25-1403 to 25-1420 (Reissue 1995) and Neb.”
In re Est. of Wilson, 594 N.W.2d 695 (Neb. Ct. App. 1999). · cites it 3× “Neb. Rev. Stat. § 30-2404 (Reissue 1995) provides that “[n]o proceeding to enforce a claim against the estate of a decedent .”
Holdrege Coop. Ass'n v. Wilson, 463 N.W.2d 312 (Neb. 1990). · cites it 2× “Wilson had been appointed the personal representative of Wilson’s estate, that Holdrege filed its claim against the decedent’s estate as prescribed in Neb. Rev. Stat. §§ 30-2404 and 30-2486(1) (Reissue 1989), and that the claim was disallowed by the personal representative on…”
Johnson v. Antoniutti, 16 N.W.3d 864 (Neb. 2025). · cites it 5× “02, which provides: (1) An amendment of a pleading that does not change the party or the name of the party against whom the claim is asserted relates back to the date of the original pleading if the claim or defense asserted in the amended pleading arose out of the conduct,…”
Sparks v. Mach, 982 N.W.2d 834 (Neb. Ct. App. 2022). · cites it 6× “Under Neb. Rev. Stat. § 30-2404 (Reissue 2016), a claim against a decedent’s estate cannot be commenced before the county court has appointed a personal representative.”
Sparks v. Mach, 993 N.W.2d 119 (Neb. 2023). · cites it 13× “§ 30-2404 (Reissue 2016), a claim against a decedent’s estate cannot be commenced before the county court has appointed a personal representative.”
In re Est. of Giventer, 964 N.W.2d 234 (Neb. 2021). “Requiring Fogarty to ask the probate estate, rather than the trust estate, for predeath fees and expenses to satisfy the limitations period is also consistent with the purposes of the nonclaim statute.”
Linch v. Northport Irrigation Dist., 717 N.W.2d 522 (Neb. Ct. App. 2006). · cites it 2× “See, also, Neb. Rev. Stat. § 30-2404 (Reissue 1995) (“no proceeding to enforce a claim against the estate of a decedent .”
In re Est. of Weeder, 16 N.W.3d 137 (Neb. 2025). “Weeder, supra note 2 . 18 See Muller v. Weeder, 26 Neb. App. 938 , 924 N.”
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