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Nebraska Revised Statutes

Neb. Rev. Stat. § 30-2481 (2026)

Expenses in estate litigation

✓ current as of July 2026
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If any personal representative or person nominated as personal representative defends or prosecutes any proceeding in good faith, whether successful or not he is entitled to receive from the estate his necessary expenses and disbursements including reasonable attorneys' fees incurred.

Notes of Decisions
Cited in 18 cases (7 in the last 5 years), 1985–2025 · leading case: In re Est. of Giventer, 310 Neb. 39 (Neb. 2021).
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In re Est. of Giventer, 310 Neb. 39 (Neb. 2021). · cites it 34× “The county court rejected the assertion that § 30-2482 applied to Fogarty’s claim for predeath fees, noting that that section, along with Neb. Rev. Stat. § 30-2481 (Reissue 2016), applies to services on behalf of the estate and that there was no estate or personal representa-…”
In re Est. of Koetter, 980 N.W.2d 376 (Neb. 2022). · cites it 23× “But on cross-appeal, in which the opponent of the will challenges an award of attorney fees and expenses that the district court purported to award pursuant to Neb. Rev. Stat. §§ 30-2481 and 30-2482 (Reissue 2016), we conclude that the district court lacked jurisdiction over…”
In Re Est. of Odineal, 368 N.W.2d 800 (Neb. 1985). · cites it 15× “§ 30-2209 (33) (Reissue 1979), or (2) a personal representative who can recover reasonable compensation for services, Neb. Rev. Stat. § 30-2480 (Reissue 1979).”
Gallagher v. Graham (In Re Est. of Graham), 301 Neb. 594 (Neb. 2018). · cites it 3× “4 Ordinarily, the fixing of reasonable compensation, fees, and expenses, pursuant to Neb. Rev. Stat. § 30-2480 (Reissue 2016), governing compensation of personal representatives; Neb.”
In re Est. of Graham, 301 Neb. 594 (Neb. 2018). · cites it 5× “Ordinarily, the fixing of reasonable compensation, fees, and expenses, pursuant to Neb. Rev. Stat. § 30-2480 (Reissue 2016), governing compensation of personal representatives; Neb.”
In Re Est. of Chrisp, 759 N.W.2d 87 (Neb. 2009). · cites it 4× “In February 2006, Gail requested attorney fees, under Neb. Rev. Stat. § 30-2481 (Reissue 1995) of the probate code and Neb.”
Pruss v. Pruss, 514 N.W.2d 335 (Neb. 1994). · cites it 12× “Appellants contend that the district court erred in (1) finding that there was a failure of consideration underlying the 1980 wills, (2) finding that Bessie's November 1980 will was the product of undue influence, (3) finding that the November 1980 wills did not restrict…”
In Re Est. of Watkins, 501 N.W.2d 292 (Neb. 1993). · cites it 6× “2d 800 (1985), this court, considering whether a personal representative, as an unsuccessful proponent of a will for probate, and the personal representative’s attorney were entitled to compensation, stated: Section 30-2481 is authority for a personal representative or a…”
In re Est. of Larson, 972 N.W.2d 891 (Neb. 2022). · cites it 13× “Ordinarily, the fixing of reasonable compensation, fees, and expenses, pursuant to Neb. Rev. Stat. § 30-2480 (Reissue 2016), governing compensation of personal representatives; Neb.”
Kerrigan & Line v. Foote, 558 N.W.2d 837 (Neb. Ct. App. 1997). · cites it 4× “This result is consistent with the Nebraska Supreme Court's decision in In re Estate of Reimer, supra , which suggests that administration expenses may be paid under either § 30-2481 or the probate claims procedure set forth in §§ 30-2483 through 30-2498.”
In Re Est. of Reimer, 427 N.W.2d 293 (Neb. 1988). · cites it 3× “With regard to the first general assignment of error, Neb. Rev. Stat. § 30-2481 (Reissue 1985) provides: “If any personal representative or person nominated as personal representative defends or prosecutes any proceeding in good faith, whether successful or not he is entitled to…”
In re Est. of Hutton, 306 Neb. 579 (Neb. 2020). · cites it 2× “2 [2] Ordinarily, the fixing of reasonable compensation, fees, and expenses, pursuant to § 30-2480, governing compensation of personal representatives; § 30-2481, governing expenses in estate litigation; and § 30-2482, governing compensation of personal representatives and…”
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