Nebraska Revised Statutes

Neb. Rev. Stat. § 30-2481 (2026)

Expenses in estate litigation

✓ text as last checked Oct. 2026 (this copy records no edition or section history)
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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, 964 N.W.2d 234 (Neb. 2021).
In re Est. of Giventer, 964 N.W.2d 234 (Neb. 2021). · cites it 34× “Regarding the postdeath fees and expenses, the county court modified its previous order to address whether Fogarty and Teichman’s actions were “‘necessary’” to the estate, rather than whether they were of some “benefit to the estate.” The county court stated that it did not find…”
In re Est. of Koetter, 980 N.W.2d 376 (Neb. 2022). · cites it 23× “Accordingly, we vacate the portion of the order that purported to award attorney fees and expenses and dismiss the cross-appeal. I. BACKGROUND 1.”
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), 919 N.W.2d 714 (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…”
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, 946 N.W.2d 669 (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…”
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.”
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