(1) If there is an objection to probate of a will or if a petition is filed 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, the county court shall continue the originally scheduled hearing for at least fourteen days from the date of the hearing. At any time prior to the continued hearing date any party may transfer the proceeding to determine whether the decedent left a valid will to the district court by filing with the county court a notice of transfer, depositing with the clerk of the county court a docket fee of the district court for cases originally commenced in district court, and paying to the clerk of the county court a fee of twenty dollars.
(2) Within ten days of the completion of the requirements of subsection (1) of this section, the clerk of the county court shall transmit to the clerk of the district court a certification of the case file and docket fee.
(3) Upon the filing of the certification as provided in subsection (2) of this section in the district court, such court shall have jurisdiction over the proceeding on the contest. Within thirty days of the filing of such certification, any party may file additional objections.
(4) The district court may order such additional pleadings as necessary and shall thereafter determine whether the decedent left a valid will. Trial shall be to a jury unless a jury is waived by all parties who have filed pleadings in the matter.
(5) The final decision and judgment in the matter transferred shall be certified to the county court, and proceedings shall be had thereon necessary to carry the final decision and judgment into execution.
Notes of Decisions
Abbott v. Sellon (In Re Est.), 299 Neb. 596 (Neb. 2018).
· cites it 4× “Pursuant to Neb. Rev. Stat. § 30-2429.01 (1) (Reissue 2016), the personal representative transferred his siblings' will contest to the district court.”
In Re Est. of Sehi, 772 N.W.2d 103 (Neb. Ct. App. 2009).
· cites it 9× “To decide the motion, we must determine whether a party appealing from a district court's resolution of a will contest, after a transfer to such court pursuant to Neb.Rev.Stat. § 30-2429.01 (Reissue 2008), must provide the supersedeas bond required by Neb.”
In re Est. of Anderson, 974 N.W.2d 847 (Neb. 2022).
· cites it 13× “758 The following day, on June 8, 2021, before any hearing was held or the court had ruled on the requests, Anderson and Noble filed a notice of transfer to district court, pursuant to Neb. Rev. Stat. § 30-2429.01 (Cum. Supp. 2020).”
Brinkman v. Brinkman, 302 Neb. 315 (Neb. 2019).
· cites it 3× “15 Neb. Rev. Stat. § 30-2429.01 (Reissue 2016) provides that the district court may determine whether a decedent left a valid will if there is an objection to the probate of the will in county court and certain transfer procedures are followed.”
Bohling v. Bohling, 309 Neb. 625 (Neb. 2021).
· cites it 11× “2 2 See Neb. Rev. Stat. § 30-2429.01 (1) (Cum. Supp.”
In re Est. of Koetter, 980 N.W.2d 376 (Neb. 2022).
· cites it 7× “The will contest was transferred to district court pursuant to Neb. Rev. Stat. § 30-2429.01 (Cum. Supp. 2020).”
In Re Est. of Hedke, 775 N.W.2d 13 (Neb. 2009).
· cites it 2× “Finally, the court must determine whether Charles breached his duty to impartially administer and distribute trust property.”
Bohling v. Bohling, 304 Neb. 968 (Neb. 2020).
· cites it 2× “I don’t believe those have 1 See Neb. Rev. Stat. § 30-2429.01 (Cum. Supp. 2018).”
Holdrege Coop. Ass'n v. Wilson, 463 N.W.2d 312 (Neb. 1990).
· cites it 2× “Further, § 30-2488(b)(2) authorizes transfers of claims in excess of $10,000 to the district court.”
In Re Est. of Miller, 437 N.W.2d 793 (Neb. 1989).
· cites it 2× “In support of their argument, appellants point to Neb. Rev. Stat. § 30-2429.01 (Reissue 1985), which provides the procedure for transferring a will contest to district court.”
In Re Est. of Reimer, 427 N.W.2d 293 (Neb. 1988).
· cites it 2× “On June 10, the decedent’s children filed a notice of transfer, under Neb. Rev. Stat. § 30-2429.01 (Cum. Supp. 1984), transferring the proceedings to the district court for Holt County.”
In re Est. of Abbott-Ochsner, 299 Neb. 596 (Neb. 2018).
· cites it 4× “Afterward, pursuant to Neb. Rev. Stat. § 30-2425 (Reissue 2016), the county court granted the siblings’ request to appoint a special administrator for the estate, pending resolution of the district court proceedings.”
— Neb. Rev. Stat. § 30-2429.01(1) — 5 cases
Abbott v. Sellon (In Re Est.), 299 Neb. 596 (Neb. 2018).
“Pursuant to Neb. Rev. Stat. § 30-2429.01 (1) (Reissue 2016), the personal representative transferred his siblings' will contest to the district court.”
In Re Est. of Hedke, 775 N.W.2d 13 (Neb. 2009).
“Finally, the court must determine whether Charles breached his duty to impartially administer and distribute trust property.”
In re Est. of Abbott-Ochsner, 299 Neb. 596 (Neb. 2018).
“Afterward, pursuant to Neb. Rev. Stat. § 30-2425 (Reissue 2016), the county court granted the siblings’ request to appoint a special administrator for the estate, pending resolution of the district court proceedings.”
In re Est. of Anderson, 974 N.W.2d 847 (Neb. 2022).
“758 The following day, on June 8, 2021, before any hearing was held or the court had ruled on the requests, Anderson and Noble filed a notice of transfer to district court, pursuant to Neb. Rev. Stat. § 30-2429.01 (Cum. Supp. 2020).”
— Neb. Rev. Stat. § 30-2429.01(3) — 1 case
Bohling v. Bohling, 309 Neb. 625 (Neb. 2021).
“2 2 See Neb. Rev. Stat. § 30-2429.01 (1) (Cum. Supp.”
— Neb. Rev. Stat. § 30-2429.01(4) — 2 cases
In re Est. of Koetter, 980 N.W.2d 376 (Neb. 2022).
“The will contest was transferred to district court pursuant to Neb. Rev. Stat. § 30-2429.01 (Cum. Supp. 2020).”
Bohling v. Bohling, 309 Neb. 625 (Neb. 2021).
“2 2 See Neb. Rev. Stat. § 30-2429.01 (1) (Cum. Supp.”
— Neb. Rev. Stat. § 30-2429.01(5) — 2 cases
In Re Est. of Sehi, 772 N.W.2d 103 (Neb. Ct. App. 2009).
“To decide the motion, we must determine whether a party appealing from a district court's resolution of a will contest, after a transfer to such court pursuant to Neb.Rev.Stat. § 30-2429.01 (Reissue 2008), must provide the supersedeas bond required by Neb.”
Bohling v. Bohling, 309 Neb. 625 (Neb. 2021).
“2 2 See Neb. Rev. Stat. § 30-2429.01 (1) (Cum. Supp.”
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