Nebraska Revised Statutes

Neb. Rev. Stat. § 30-2425 (2026)

Formal testacy proceedings; nature; when commenced

✓ current as of July 2026

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A formal testacy proceeding is litigation to determine whether a decedent left a valid will. A formal testacy proceeding may be commenced by an interested person filing a petition as described in section 30-2426(a) in which he requests that the court, after notice and hearing, enter an order probating a will, or a petition to set aside an informal probate of a will or to prevent informal probate of a will which is the subject of a pending application, or a petition in accordance with section 30-2426(b) for an order that the decedent died intestate.

A petition may seek formal probate of a will without regard to whether the same or a conflicting will has been informally probated. A formal testacy proceeding may, but need not, involve a request for appointment of a personal representative.

During the pendency of a formal testacy proceeding, the registrar shall not act upon any application for informal probate of any will of the decedent or any application for informal appointment of a personal representative of the decedent.

Unless a petition in a formal testacy proceeding also requests confirmation of the previous informal appointment, a previously appointed personal representative, after receipt of notice of the commencement of a formal probate proceeding, must refrain from exercising his power to make any further distribution of the estate during the pendency of the formal proceeding. A petitioner who seeks the appointment of a different personal representative in a formal proceeding also may request an order restraining the acting personal representative from exercising any of the powers of his office and requesting the appointment of a special administrator. In the absence of a request, or if the request is denied, the commencement of a formal proceeding has no effect on the powers and duties of a previously appointed personal representative other than those relating to distribution.

Notes of Decisions

Cited in 5 cases (1 in the last 5 years), 1985–2022 · leading case: Abbott v. Sellon (In Re Est.), 299 Neb. 596 (Neb. 2018).

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Abbott v. Sellon (In Re Est.), 299 Neb. 596 (Neb. 2018). · cites it 16× “The siblings had also sought appointment of a different personal representative, but the county court's order did not remove the brother as personal representative.”

In re Est. of Abbott-Ochsner, 299 Neb. 596 (Neb. 2018). · cites it 18× “In and of itself, and without addi- tional facts indicating otherwise, an order appointing a special admin- istrator pursuant to Neb. Rev. Stat. § 30-2425 (Reissue 2016) is not a final order.”

In re Est. of Anderson, 974 N.W.2d 847 (Neb. 2022). · cites it 9× “In the same filing, Anderson and Noble formally petitioned the court to set aside the informal probate and appointment of Collins, for an order determining the administration of the estate to be unsupervised, for an order under Neb. Rev. Stat. § 30-2425 (Reissue 2016)…”

In Re Est. of Casselman, 365 N.W.2d 805 (Neb. 1985). · cites it 2× “§ 30-2407 (Reissue 1979), which states in subsection (1) that “each proceeding before the court or registrar is independent of any other proceeding involving the same estate:” We note, however, that Neb. Rev. Stat. § 30-2425 (Reissue 1979) provides in part: “During the pendency…”

Kenner v. Blue Valley Lutheran Homes Soc'y, Inc., 513 N.W.2d 35 (Neb. Ct. App. 1994). · cites it 2× “Some estates will not be allowed to enter informal probate because the will was lost, § 30-2416 comment; a personal representative was appointed in another county, § 30-2416(6)(b); or, as in this case, more than one will was offered for probate, § 30-2417.”

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