Neb. Rev. Stat. » Chapter 30

Neb. Rev. Stat. § 30-2430

Formal testacy proceedings; contested cases; testimony of attesting witnesses

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(a) If evidence concerning execution of an attested will which is not self-proved is necessary in contested cases, the testimony of at least one of the attesting witnesses, if within the state competent and able to testify, is required. Due execution of an attested or unattested will may be proved by other evidence.

(b) If the will is self-proved, compliance with signature requirements for execution is conclusively presumed and other requirements of execution are presumed subject to rebuttal without the testimony of any witness upon filing the will and the acknowledgment and affidavits annexed or attached thereto, unless there is proof of fraud or forgery affecting the acknowledgment or affidavit.

Notes of Decisions
Cited in 6 cases, 1982–2001 · leading case: In Re Estate of Mecello
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In Re Estate of Mecello (2001) neb · cites it 4× “*899 Neb.Rev.Stat. § 30-2430 (Reissue 1995) provides: (a) If evidence concerning execution of an attested will which is not self-proved is necessary in contested cases, the testimony of at least one of the attesting witnesses, if within the state competent and able to testify,…”
Achterberg v. Farmers State Bank & Trust Co. (1982) neb · cites it 5× “In this respect, the provisions of Neb. Rev. Stat. § 30-2430 (b) (Reissue 1979) appear to be directly applicable.”
In Re Estate of Flicker (1983) neb · cites it 3× “Collaterally involved in this case is Neb. Rev. Stat. § 30-2430 (Reissue 1979), which reads in pertinent part: “(a) If evidence concerning execution of an attested will which is not self-proved is necessary in contested cases, the testimony of at least one of the *498 attesting…”
In Re Estate of Stephens (2000) nebctapp · cites it 6× “” Neb. Rev. Stat. § 30-2430 (b) (Reissue 1995) describes the effect to be given a self-proved will: If the will is self-proved, compliance with signature requirements for execution is conclusively presumed and other requirements of execution are presumed subject to rebuttal…”
In Re Estate of Flider (1982) neb · cites it 2× “Neb. Rev. Stat. § 30-2430 (b) (Reissue 1979) prescribes the effect to be given a self-proved will: “If the will is self-proved, compliance with signature requirements for execution is conclusively presumed and other requirements of execution are presumed subject to rebuttal…”
Kitta v. Geringer (2001) neb · cites it 4× “Neb. Rev. Stat. § 30-2430 (Reissue 1995) provides: (a) If evidence concerning execution of an attested will which is not self-proved is necessary in contested cases, the testimony of at least one of the attesting witnesses, if within the state competent and able to testify, is…”
— Neb. Rev. Stat. § 30-2430(a) — 3 cases
In Re Estate of Mecello (2001) neb “*899 Neb.Rev.Stat. § 30-2430 (Reissue 1995) provides: (a) If evidence concerning execution of an attested will which is not self-proved is necessary in contested cases, the testimony of at least one of the attesting witnesses, if within the state competent and able to testify,…”
Achterberg v. Farmers State Bank & Trust Co. (1982) neb “In this respect, the provisions of Neb. Rev. Stat. § 30-2430 (b) (Reissue 1979) appear to be directly applicable.”
Kitta v. Geringer (2001) neb “Neb. Rev. Stat. § 30-2430 (Reissue 1995) provides: (a) If evidence concerning execution of an attested will which is not self-proved is necessary in contested cases, the testimony of at least one of the attesting witnesses, if within the state competent and able to testify, is…”
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