(a) A personal representative is a fiduciary who shall comply with the prudent investor rule set forth in sections 30-3883 to 30-3889. A personal representative is under a duty to settle and distribute the estate of the decedent in accordance with the terms of any probated and effective will and this code, and as expeditiously and efficiently as is consistent with the best interests of the estate. He or she shall use the authority conferred upon him or her by this code, the terms of the will, if any, and any order in proceedings to which he or she is party for the best interests of successors to the estate.
(b) A personal representative shall not be surcharged for acts of administration or distribution if the conduct in question was authorized at the time. Subject to other obligations of administration, an informally probated will is authority to administer and distribute the estate according to its terms. An order of appointment of a personal representative, whether issued in informal or formal proceedings, is authority to distribute apparently intestate assets to the heirs of the decedent if, at the time of distribution, the personal representative is not aware of a pending testacy proceeding, a proceeding to vacate an order entered in an earlier testacy proceeding, a formal proceeding questioning his or her appointment or fitness to continue, or a supervised administration proceeding. Nothing in this section affects the duty of the personal representative to administer and distribute the estate in accordance with the rights of claimants, the surviving spouse, any minor and dependent children and any pretermitted child of the decedent as described elsewhere in this code.
(c) Except as to proceedings which do not survive the death of the decedent, a personal representative of a decedent domiciled in this state at his or her death has the same standing to sue and be sued in the courts of this state and the courts of any other jurisdiction as his or her decedent had immediately prior to death.
Notes of Decisions
Cited in
34
cases (
11 in the last 5 years), 1989–2025 · leading case:
In re Est. of Evertson, 889 N.W.2d 73 (Neb. 2016).
In re Est. of Evertson, 889 N.W.2d 73 (Neb. 2016).
· cites it 2× “14 See Neb. Rev. Stat. § 30-2464 (c) (Reissue 2016) (“a personal representative of a decedent domiciled in this state at his or her death has the same standing to sue and be sued in the courts of this state”).”
Kelly v. Saint Francis Med. Ctr., 889 N.W.2d 613 (Neb. 2017).
· cites it 2× “’” and “one who seeks to represent the legal interests of the personal representative must be an attorney.”9 In addition, “[Neb.”
In Re Est. of Hedke, 775 N.W.2d 13 (Neb. 2009).
· cites it 2× “[26] See Neb.Rev.Stat. §§ 30-2464(c), 30-2470, and 30-2476 (Reissue 2008).”
Ruzicka v. Ruzicka, 635 N.W.2d 528 (Neb. 2001).
· cites it 2× “Section 30-2464 provides: (a) A personal representative is a fiduciary who shall.”
In re Est. of Adelung, 306 Neb. 646 (Neb. 2020).
· cites it 2× “” 60 Section 30-2464(c) granted Heiden, as personal representa- tive, the “same standing to sue and be sued in the courts of this state .”
Waite v. Carpenter, 496 N.W.2d 1 (Neb. Ct. App. 1992).
· cites it 4× “” Neb. Rev. Stat. § 30-2464 (a) (Reissue 1989).”
In Re Est. of Rosso, 701 N.W.2d 355 (Neb. 2005).
· cites it 2× “See, § 30-2464; Johnson v. Richards, 155 Neb. 552 , 52 N.”
In re Est. of Lakin, 310 Neb. 271 (Neb. 2021).
· cites it 2× “41 Nebraska law governing personal representatives of an estate reflects that under Neb. Rev. Stat. § 30-2464 (Reissue 2016), a personal representative is a fiduciary, and that a fiduciary rela- tionship exists between a personal representative and the estate of the deceased, as…”
In Re Est. of Snover, 443 N.W.2d 894 (Neb. 1989).
· cites it 3× “Section 30-2464 provides that the personal *203 representative has a duty to settle and distribute the estate as expeditiously and efficiently as is consistent with the best interests of the estate and must use his authority for the best interests of successors to the estate.…”
In Re Est. of Snover, 546 N.W.2d 341 (Neb. Ct. App. 1996).
· cites it 5× “Neb. Rev. Stat. § 30-2464 (Reissue 1995) provides that a pérsonal representative is a fiduciary who is obligated to *548 observe the standards of care applicable to trustees as described in Neb.”
— Neb. Rev. Stat. § 30-2464(a) — 5 cases
In Re Est. of Snover, 443 N.W.2d 894 (Neb. 1989).
“Section 30-2464 provides that the personal *203 representative has a duty to settle and distribute the estate as expeditiously and efficiently as is consistent with the best interests of the estate and must use his authority for the best interests of successors to the estate.…”
— Neb. Rev. Stat. § 30-2464(b) — 2 cases
In Re Est. of Snover, 546 N.W.2d 341 (Neb. Ct. App. 1996).
“Neb. Rev. Stat. § 30-2464 (Reissue 1995) provides that a pérsonal representative is a fiduciary who is obligated to *548 observe the standards of care applicable to trustees as described in Neb.”
— Neb. Rev. Stat. § 30-2464(c) — 6 cases
In Re Est. of Hedke, 775 N.W.2d 13 (Neb. 2009).
“[26] See Neb.Rev.Stat. §§ 30-2464(c), 30-2470, and 30-2476 (Reissue 2008).”
In re Est. of Adelung, 306 Neb. 646 (Neb. 2020).
“” 60 Section 30-2464(c) granted Heiden, as personal representa- tive, the “same standing to sue and be sued in the courts of this state .”
Waite v. Carpenter, 496 N.W.2d 1 (Neb. Ct. App. 1992).
“” Neb. Rev. Stat. § 30-2464 (a) (Reissue 1989).”
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