Nebraska Revised Statutes

Neb. Rev. Stat. § 30-2476 (2026)

Transactions authorized for personal representatives; exceptions

✓ current as of July 2026
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Except as restricted or otherwise provided by the will or by an order in a formal proceeding, without limiting the authority conferred by section 30-2472, and subject to the priorities stated in section 30-24,100, a personal representative, acting reasonably for the benefit of the interested persons, may properly:

(1) retain assets owned by the decedent pending distribution or liquidation including those in which the representative is personally interested or which are otherwise improper for trust investment;

(2) receive assets from fiduciaries or other sources;

(3) perform, compromise, or refuse performance of the decedent's contracts that continue as obligations of the estate, as he or she may determine under the circumstances. In performing enforceable contracts by the decedent to convey or lease land, the personal representative, among other possible courses of action, may:

(i) execute and deliver a deed of conveyance for cash payment of all sums remaining due or the purchaser's note for the sum remaining due secured by a mortgage or deed of trust on the land; or

(ii) deliver a deed in escrow with directions that the proceeds, when paid in accordance with the escrow agreement, be paid to the successors of the decedent, as designated in the escrow agreement;

(4) satisfy written charitable pledges of the decedent irrespective of whether the pledges constituted binding obligations of the decedent or were properly presented as claims, if in the judgment of the personal representative the decedent would have wanted the pledges completed under the circumstances;

(5) if funds are not needed to meet debts and expenses currently payable and are not immediately distributable, deposit or invest liquid assets of the estate, including money received from the sale of other assets, in federally insured interest-bearing accounts, readily marketable secured loan arrangements, or other prudent investments which would be reasonable for use by trustees generally;

(6) acquire or dispose of an asset, including land in this or another state, for cash or on credit, at public or private sale; and manage, develop, improve, exchange, partition, change the character of, or abandon an estate asset;

(7) make ordinary or extraordinary repairs or alterations in buildings or other structures, demolish any improvements, and raze existing or erect new party walls or buildings;

(8) subdivide, develop, or dedicate land to public use; make or obtain the vacation of plats and adjust boundaries; or adjust differences in valuation on exchange or partition by giving or receiving considerations; or dedicate easements to public use without consideration;

(9) enter for any purpose into a lease as lessor or lessee, with or without option to purchase or renew, for a term within or extending beyond the period of administration;

(10) enter into a lease or arrangement for exploration and removal of minerals or other natural resources or enter into a pooling or unitization agreement;

(11) abandon property when, in the opinion of the personal representative, it is valueless, or is so encumbered, or is in condition that it is of no benefit to the estate;

(12) vote stocks or other securities in person or by general or limited proxy;

(13) pay calls, assessments, and other sums chargeable or accruing against or on account of securities, unless barred by the provisions relating to claims;

(14) hold a security in the name of a nominee or in other form without disclosure of the interest of the estate but the personal representative is liable for any act of the nominee in connection with the security so held;

(15) insure the assets of the estate against damage, loss, and liability and himself or herself against liability as to third persons;

(16) borrow money with or without security to be repaid from the estate assets or otherwise; and advance money for the protection of the estate;

(17) effect a fair and reasonable compromise with any debtor or obligor, or extend, renew, or in any manner modify the terms of any obligation owing to the estate. If the personal representative holds a mortgage, pledge, or other lien upon property of another person, he or she may, in lieu of foreclosure, accept a conveyance or transfer of encumbered assets from the owner thereof in satisfaction of the indebtedness secured by lien;

(18) pay taxes, assessments, compensation of the personal representative, and other expenses incident to the administration of the estate;

(19) sell or exercise stock subscription or conversion rights; consent, directly or through a committee or other agent, to the reorganization, consolidation, merger, dissolution, or liquidation of a corporation or other business enterprise;

(20) allocate items of income or expense to either estate income or principal, as permitted or provided by law;

(21) employ persons, including attorneys, auditors, investment advisors, or agents, even if they are associated with the personal representative, to advise or assist the personal representative in the performance of his or her administrative duties; act without independent investigation upon their recommendations; and instead of acting personally, employ one or more agents to perform any act of administration, whether or not discretionary;

(22) prosecute or defend claims or proceedings in any jurisdiction for the protection of the estate and of the personal representative in the performance of his or her duties;

(23) sell, mortgage, or lease any real or personal property of the estate or any interest therein for cash, for credit, or for part cash and part credit, and with or without security for unpaid balances;

(24) continue any unincorporated business or venture in which the decedent was engaged at the time of death;

(25) form a business entity that has limited liability, including a limited partnership, limited liability partnership, limited liability company, or corporation, for any business or venture in which the decedent was engaged at the time of death;

(26) provide for exoneration of the personal representative from personal liability in any contract entered into on behalf of the estate;

(27) satisfy and settle claims and distribute the estate as provided in the Nebraska Probate Code.

Notes of Decisions
Cited in 22 cases (3 in the last 5 years), 1978–2025 · leading case: In re Est. of Lakin, 310 Neb. 271 (Neb. 2021).
In re Est. of Lakin, 310 Neb. 271 (Neb. 2021). · cites it 6× “Appellees rely upon Neb. Rev. Stat. §§ 30-2476 and 30-2487 (Reissue 2016) to support their argument.”
Kentopp v. Kentopp, 295 N.W.2d 275 (Neb. 1980). · cites it 4× “" Neb.Rev.Stat. § 30-2476 (Reissue 1979) provides, in relevant part: Except as restricted or otherwise provided by the will or by an order in a formal proceeding and subject to the priorities stated in section 30-24,100, a personal representative, acting reasonably for the…”
In Re Est. of Snover, 443 N.W.2d 894 (Neb. 1989). · cites it 4× “Section 30-2476(18) specifically provides that the personal representative may pay “compensation of the personal representative, and other expenses incident to the administration of the estate.”
In re Est. of Etmund, 297 Neb. 455 (Neb. 2017). · cites it 3× “§ 30-2476 (Reissue 2016) provides that except when otherwise restricted by the will, the personal representative, “acting reasonably for the benefit of the interested persons,” may employ persons to advise and may “act without independent investigation upon their recommendations.”
In re Est. of Adelung, 306 Neb. 646 (Neb. 2020). “” Third, § 30-2476(22) authorized Heiden to “prosecute or defend claims or proceedings in any jurisdiction for the pro- tection of the estate.”
Eich v. Est. of Layton, 300 N.W.2d 802 (Neb. 1981). · cites it 2× “” In deciding Kentopp , this court quoted and relied upon Neb. Rev. Stat. § 30-2476 (Reissue 1979), particularly subsections (6) and (23) of that section.”
Miller v. Janecek, 314 N.W.2d 250 (Neb. 1982). · cites it 2× “We note that the personal representative’s authority to bring this action in the District Court may be inferred from Neb. Rev. Stat. § 30-2476 (Reissue 1979), which provides in part: “[A] personal representative, acting reasonably for the benefit of the interested persons, may…”
In Re Est. of Snover, 546 N.W.2d 341 (Neb. Ct. App. 1996). · cites it 2× “Neb. Rev. Stat. § 30-2476 (Reissue 1989).”
Beachy v. Becerra, 609 N.W.2d 648 (Neb. 2000). · cites it 3× “Neb. Rev. Stat. § 30-2476 (Reissue 1995) provides that “[e]xcept as restricted or otherwise provided by the will or *304 by an order in a formal proceeding,” the personal representative, “acting reasonably for the benefit of the interested persons, may properly .”
Hampshire v. Powell, 626 N.W.2d 620 (Neb. Ct. App. 2001). · cites it 2× “Neb. Rev. Stat. § 30-2476 (Reissue 1995) provides: Except as restricted or otherwise provided by the will or by an order in a formal proceeding .”
In re Est. of Schurman, 30 Neb. Ct. App. 259 (Neb. Ct. App. 2021). · cites it 2× “However, it is the duty of a personal - 269 - Nebraska Court of Appeals Advance Sheets 30 Nebraska Appellate Reports IN RE ESTATE OF SCHURMAN Cite as 30 Neb.”
In Re Est. of Kennedy, 369 N.W.2d 63 (Neb. 1985). · cites it 2× “See Neb. Rev. Stat. § 30-2476 (Reissue 1979).”
— Neb. Rev. Stat. § 30-2476(11) — 1 case
In re Est. of Murphy (Neb. Ct. App. 2014).
— Neb. Rev. Stat. § 30-2476(18) — 1 case
In Re Est. of Snover, 443 N.W.2d 894 (Neb. 1989). “Section 30-2476(18) specifically provides that the personal representative may pay “compensation of the personal representative, and other expenses incident to the administration of the estate.”
— Neb. Rev. Stat. § 30-2476(21) — 4 cases
In Re Est. of Snover, 443 N.W.2d 894 (Neb. 1989). “Section 30-2476(18) specifically provides that the personal representative may pay “compensation of the personal representative, and other expenses incident to the administration of the estate.”
In re Est. of Lakin, 310 Neb. 271 (Neb. 2021). “Appellees rely upon Neb. Rev. Stat. §§ 30-2476 and 30-2487 (Reissue 2016) to support their argument.”
In re Est. of Etmund, 297 Neb. 455 (Neb. 2017). “§ 30-2476 (Reissue 2016) provides that except when otherwise restricted by the will, the personal representative, “acting reasonably for the benefit of the interested persons,” may employ persons to advise and may “act without independent investigation upon their recommendations.”
In re Est. of Hyde (Neb. Ct. App. 2025).
— Neb. Rev. Stat. § 30-2476(22) — 2 cases
In re Est. of Adelung, 306 Neb. 646 (Neb. 2020). “” Third, § 30-2476(22) authorized Heiden to “prosecute or defend claims or proceedings in any jurisdiction for the pro- tection of the estate.”
In re Est. of Adelung, 306 Neb. 646 (Neb. 2020).
— Neb. Rev. Stat. § 30-2476(3) — 1 case
In re Est. of Lakin, 310 Neb. 271 (Neb. 2021). “Appellees rely upon Neb. Rev. Stat. §§ 30-2476 and 30-2487 (Reissue 2016) to support their argument.”
— Neb. Rev. Stat. § 30-2476(6) — 1 case
In Re Est. of Failla, 773 N.W.2d 793 (Neb. 2009).
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.