(a) A formal proceeding for adjudication regarding the priority or qualification of one who is an applicant for appointment as personal representative, or of one who previously has been appointed personal representative in informal proceedings, if an issue concerning the testacy of the decedent is or may be involved, is governed by section 30-2426, as well as by this section. In other cases, the petition shall contain or adopt the statements required by section 30-2414(1) and describe the question relating to priority or qualification of the personal representative which is to be resolved. If the proceeding precedes any appointment of a personal representative, it shall stay any pending informal appointment proceedings as well as any commenced thereafter. If the proceeding is commenced after appointment, the previously appointed personal representative, after receipt of notice thereof, shall refrain from exercising any power of administration except as necessary to preserve the estate or unless the court orders otherwise.
(b) After notice to interested persons, including all persons interested in the administration of the estate as successors under the applicable assumption concerning testacy, any previously appointed personal representative and any person having or claiming priority for appointment as personal representative, the court shall determine who is entitled to appointment under section 30-2412, make a proper appointment and, if appropriate, terminate any prior appointment found to have been improper as provided in cases of removal under section 30-2454.
Notes of Decisions
Abbott v. Sellon (In Re Est.), 299 Neb. 596 (Neb. 2018).
· cites it 4× “Section 30-2438 states that a formal proceeding for adjudication regarding the qualification of one who previously has been appointed personal representative in informal proceedings, when an issue concerning the testacy of the decedent is or may be involved, is governed by both…”
In Re Est. of Sutherlin, 622 N.W.2d 657 (Neb. 2001).
· cites it 13× “Because we determine that Neb. Rev. Stat. § 30-2438 (Reissue 1995), rather than summary judgment, provides the proper procedure for resolving conflicts when the priority of a previously appointed personal representative is challenged by parties with equal priority, we reverse,…”
In re Est. of Anderson, 974 N.W.2d 847 (Neb. 2022).
· cites it 5× “Section 30-2438 provides that if an issue concerning the testacy of the decedent is, or may be, involved, a formal pro- ceeding for adjudication regarding the priority or qualifica- tion of one who is an applicant for appointment as personal representative or of one who…”
In re Est. of Abbott-Ochsner, 299 Neb. 596 (Neb. 2018).
· cites it 5× “But Neb. Rev. Stat. § 30-2438 (a) (Reissue 2016) states that if a formal proceeding for adjudication regarding the quali- fication of one who previously has been appointed personal representative in informal proceedings is commenced after appointment, “the previously appointed…”
In Re Est. of Casselman, 365 N.W.2d 805 (Neb. 1985).
· cites it 3× “Neb. Rev. Stat. § 30-2438 (Reissue 1979) describes the procedures necessary in “Formal proceedings concerning appointment of personal representative.”
— Neb. Rev. Stat. § 30-2438(a) — 1 case
In re Est. of Anderson, 974 N.W.2d 847 (Neb. 2022).
“Section 30-2438 provides that if an issue concerning the testacy of the decedent is, or may be, involved, a formal pro- ceeding for adjudication regarding the priority or qualifica- tion of one who is an applicant for appointment as personal representative or of one who…”
— Neb. Rev. Stat. § 30-2438(b) — 3 cases
Abbott v. Sellon (In Re Est.), 299 Neb. 596 (Neb. 2018).
“Section 30-2438 states that a formal proceeding for adjudication regarding the qualification of one who previously has been appointed personal representative in informal proceedings, when an issue concerning the testacy of the decedent is or may be involved, is governed by both…”
In Re Est. of Sutherlin, 622 N.W.2d 657 (Neb. 2001).
“Because we determine that Neb. Rev. Stat. § 30-2438 (Reissue 1995), rather than summary judgment, provides the proper procedure for resolving conflicts when the priority of a previously appointed personal representative is challenged by parties with equal priority, we reverse,…”
In re Est. of Abbott-Ochsner, 299 Neb. 596 (Neb. 2018).
“But Neb. Rev. Stat. § 30-2438 (a) (Reissue 2016) states that if a formal proceeding for adjudication regarding the quali- fication of one who previously has been appointed personal representative in informal proceedings is commenced after appointment, “the previously appointed…”
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.