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

Neb. Rev. Stat. § 30-2425 (2026)

Formal testacy proceedings; nature; when commenced

✓ text as last checked Oct. 2026 (this copy records no edition or section history)
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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.), 910 N.W.2d 504 (Neb. 2018).
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Abbott v. Sellon (In Re Est.), 910 N.W.2d 504 (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× “§ 30-2425 (Reissue 2016) restraining Collins from acting as personal representative, for appointment of Noble as personal represent­ ative, for appointment of Noble or another suitable person as special administrator, for a decree that the 2021 will was not valid, and for formal…”
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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