Except as otherwise provided by a decedent's will, every personal representative has a right to, and shall take possession or control of, the decedent's property, except that any real property or tangible personal property may be left with or surrendered to the person presumptively entitled thereto unless or until, in the judgment of the personal representative, possession of the property by him will be necessary for purposes of administration. The request by a personal representative for delivery of any property possessed by an heir or devisee is conclusive evidence, in any action against the heir or devisee for possession thereof, that the possession of the property by the personal representative is necessary for purposes of administration. The personal representative shall pay taxes on, and take all steps reasonably necessary for the management, protection and preservation of, the estate in his possession. He may maintain an action to recover possession of property or to determine the title thereto.
Notes of Decisions
Cited in
13
cases (
2 in the last 5 years), 1985–2023 · leading case:
Ruzicka v. Ruzicka, 635 N.W.2d 528 (Neb. 2001).
Ruzicka v. Ruzicka, 635 N.W.2d 528 (Neb. 2001).
· cites it 6× “Section 30-2470 governs the duty of a personal representative with respect to possession of an estate, providing: Except as otherwise provided by a decedent’s will, every personal representative has a right to, and shall take possession or control of, the decedent’s property,…”
Washington v. Conley, 734 N.W.2d 306 (Neb. 2007).
· cites it 2× “22 Of course, pursuant to Neb. Rev. Stat. § 30-2470 (Reissue 1995), a personal representative may request possession of the property for purposes of estate administration, and may also maintain an action to determine title to the property.”
State v. Abdouch, 434 N.W.2d 317 (Neb. 1989).
· cites it 2× “See Neb. Rev. Stat. § 30-2470 (Reissue 1985).”
In Re Est. of Chrisp, 759 N.W.2d 87 (Neb. 2009).
“We agree that under § 30-2470, a personal representative has a duty to take possession of the decedent's property if necessary for administration of the estate.”
In re Est. of Adelung, 306 Neb. 646 (Neb. 2020).
“61 And § 30-2470 empowered the personal representative to “maintain an action to recover possession of property or to determine the title thereto.”
Mischke v. Mischke, 571 N.W.2d 248 (Neb. 1997).
· cites it 2× “Neb. Rev. Stat. § 30-2470 (Reissue 1995).”
In Re Est. of Kesting, 371 N.W.2d 107 (Neb. 1985).
· cites it 4× “§ 30-2470 (Reissue 1979) provides in part: Except as otherwise provided by a decedent’s will, every personal representative has a right to, and shall take possession or control of, the decedent’s property, except that any real property or tangible personal property may be left…”
Beachy v. Becerra, 609 N.W.2d 648 (Neb. 2000).
· cites it 2× “” Neb. Rev. Stat. § 30-2470 (Reissue 1995) gives the personal representative specific authority to “maintain an action to recover possession of property or to determine the title thereto.”
In re Est. of Schurman, 30 Neb. Ct. App. 259 (Neb. Ct. App. 2021).
· cites it 3× “” Neb. Rev. Stat. § 30-2470 (Reissue 2016).”
Hampshire v. Powell, 626 N.W.2d 620 (Neb. Ct. App. 2001).
· cites it 2× “Further, Neb. Rev. Stat. § 30-2470 (Reissue 1995) provides that “[ejxcept as otherwise provided by a decedent’s will, every per *154 sonal representative has a right to, and shall take possession or control of, the decedent’s property” and that the personal representative “may…”
Marsh v. Marsh-Letts, 566 N.W.2d 783 (Neb. Ct. App. 1997).
“§§ 30-2470 and 30-2472. Specific transactions authorized for a personal representative include receiving and disposing of estate assets, executing deeds, making leases, and investing funds.”
In re Est. of Adelung, 306 Neb. 646 (Neb. 2020).
“61 And § 30-2470 empowered the personal representative to “maintain an action to recover possession of property or to determine the title thereto.”
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