(a) On petition of any person who appears to have an interest in the estate, the court by temporary order may restrain a personal representative from performing specified acts of administration, disbursement, or distribution, or exercise of any powers or discharge of any duties of his office, or make any other order to secure proper performance of his duty, if it appears to the court that the personal representative otherwise may take some action which would jeopardize unreasonably the interest of the applicant or of some other interested person. Persons with whom the personal representative may transact business may be made parties.
(b) The matter shall be set for hearing within ten days unless the parties otherwise agree. Notice as the court directs shall be given to the personal representative and his attorney of record, if any, and to any other parties named defendant in the petition.
Notes of Decisions
In Re Est. of Cooper, 275 Neb. 322 (Neb. 2008).
· cites it 4× “Finally, Neb. Rev. Stat. § 30-2450 (Reissue 1995) provides generally for 10 days' notice prior to a removal hearing.”
In re Est. of Etmund, 297 Neb. 455 (Neb. 2017).
· cites it 4× “On January 7, 2016, pursuant to Neb. Rev. Stat. § 30-2450 (Reissue 2016) of Nebraska’s Uniform Probate Code, petition- ers sought an order restraining the personal representative from closing on the sale of the real estate.”
In Re Est. of Weingarten, 624 N.W.2d 653 (Neb. Ct. App. 2001).
· cites it 2× “See Neb. Rev. Stat. § 30-2450 (Reissue 1995) (requiring that hearing be set within 10 days of temporary order restraining personal representative and that notice be given to personal representative and his attorney of record.”
In Re Est. of Snover, 443 N.W.2d 894 (Neb. 1989).
“Although an order for supervised administration may include a restriction that the personal representative may not pay attorney or personal representative fees without the prior order of the court (see § 30-2450), such relief was not requested in appellees’ petition for…”
In re Est. of Lorenz (Neb. Ct. App. 2014).
· cites it 2× “Except as otherwise ordered as provided in section 30-2450, after receipt of notice of removal pro- ceedings, the personal representative shall not act except to account, to correct maladministration or preserve the estate.”
— Neb. Rev. Stat. § 30-2450(a) — 1 case
In re Est. of Etmund, 297 Neb. 455 (Neb. 2017).
“On January 7, 2016, pursuant to Neb. Rev. Stat. § 30-2450 (Reissue 2016) of Nebraska’s Uniform Probate Code, petition- ers sought an order restraining the personal representative from closing on the sale of the real estate.”
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