In contested cases, petitioners who seek to establish intestacy have the burden of establishing prima facie proof of death, venue, and heirship. Proponents of a will have the burden of establishing prima facie proof of due execution, death, testamentary capacity, and venue. Contestants of a will have the burden of establishing undue influence, fraud, duress, mistake or revocation. Parties have the ultimate burden of persuasion as to matters with respect to which they have the initial burden of proof. If a will is opposed by the petition for probate of a later will revoking the former, it shall be determined first whether the later will is entitled to probate, and if a will is opposed by a petition for a declaration of intestacy, it shall be determined first whether the will is entitled to probate.
Notes of Decisions
Cited in
13
cases (
5 in the last 5 years), 1982–2025 · leading case:
In re Est. of Clinger, 292 Neb. 237 (Neb. 2015).
In re Est. of Clinger, 292 Neb. 237 (Neb. 2015).
· cites it 5× “Under Neb. Rev. Stat. § 30-2431 (Reissue 2008), contestants of a will have the burden of establishing undue influence and carry the ultimate burden of persuasion.”
In Re Est. of Mecello, 633 N.W.2d 892 (Neb. 2001).
· cites it 5× “See Neb. Rev.Stat. § 30-2431 (Reissue 1995). We point out that in the case at bar, death and venue are not contested nor at issue.”
Bohling v. Bohling, 309 Neb. 625 (Neb. 2021).
· cites it 4× “625 (c) District Court’s Judgment In an order entered June 19, 2020, the district court granted summary judgment in favor of Kimberly, finding that she met her burden of establishing a validly executed will pursuant to Neb. Rev. Stat. § 30-2431 (Reissue 2016) and that Robert’s…”
In re Est. of Walker, 315 Neb. 510 (Neb. 2023).
· cites it 2× “2d 224, 232 (2021) (quoting Neb. Rev. Stat. § 30-2431 (Reissue 2016)).”
In Re Est. of Novak, 458 N.W.2d 221 (Neb. 1990).
· cites it 2× “Neb. Rev. Stat. § 30-2431 (Reissue 1989), which is adapted from the Uniform Probate Code, provides that the burden of proof of undue influence is on the contestants of the will.”
Kitta v. Geringer, 633 N.W.2d 892 (Neb. 2001).
· cites it 5× “See Neb. Rev. Stat. § 30-2431 (Reissue 1995).”
In Re Est. of Thompson, 407 N.W.2d 738 (Neb. 1987).
· cites it 2× “Neb. Rev. Stat. § 30-2431 (Reissue 1985) provides that the proponent of a will has the burden of establishing prima facie *647 proof of due execution, death, testamentary capacity, and venue and that an objector or contestant has the burden of establishing undue influence,…”
In re Est. of Walker, 320 Neb. 139 (Neb. 2025).
· cites it 2× “139 Regarding the issues of testamentary capacity and undue influence in a contested case, Neb. Rev. Stat. § 30-2431 (Reissue 2016) provides in part: Proponents of a will have the burden of establishing prima facie proof of due execution, death, testamentary capacity, and venue.”
In re Est. of Clason (Neb. Ct. App. 2019).
· cites it 2× “See, also, Neb. Rev. Stat. § 30-2431 (Reissue 2016).”
In re Est. of Lowe (Neb. Ct. App. 2021).
· cites it 2× “See, also, Neb. Rev. Stat. § 30-2431 (Reissue 2016).”
In re Est. of Carrier (Neb. Ct. App. 2025).
· cites it 2× “2d 224, 232 (2021) (quoting Neb. Rev. Stat. § 30-2431 (Reissue 2016)).”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.