(1) After notice to all interested persons or on petition of an interested person or on appropriate motion if administration is supervised, the propriety of employment of any person by a personal representative including any attorney, auditor, investment advisor, or other specialized agent or assistant, the reasonableness of the compensation of any person so employed, or the reasonableness of the compensation determined by the personal representative for his or her own services, may be reviewed by the court. Any person who has received excessive compensation from an estate for services rendered may be ordered to make appropriate refunds.
(2) Factors to be considered as guides in determining the reasonableness of a fee include the following:
(a) The time and labor required, the novelty and difficulty of the questions involved, and the skill requisite to perform the service properly;
(b) The likelihood, if apparent to the personal representative, that the acceptance of the particular employment will preclude the person employed from other employment;
(c) The fee customarily charged in the locality for similar services;
(d) The amount involved and the results obtained;
(e) The time limitations imposed by the personal representative or by the circumstances;
(f) The nature and length of the relationship between the personal representative and the person performing the services; and
(g) The experience, reputation, and ability of the person performing the services.
Notes of Decisions
Eagle Partners, L.L.C. v. Rook, 301 Neb. 947 (Neb. 2018).
· cites it 7× “The Estate argues that the case is governed by Neb. Rev. Stat. § 30-2482 (Reissue 2016), which provides: (1) After notice to all interested persons or on petition of an interested person or on appropriate motion if administration is supervised, the propriety of employment of any…”
Gallagher v. Graham (In Re Est. of Graham), 301 Neb. 594 (Neb. 2018).
· cites it 3× “§ 30-2481 (Reissue 2016), governing expenses in estate litigation; and Neb. Rev. Stat. § 30-2482 (Reissue 2016), governing compensation of personal representatives and employees of the estate, is within the sound discretion of the county court.”
In re Est. of Koetter, 980 N.W.2d 376 (Neb. 2022).
· cites it 9× “” We believe the following section, § 30-2482, is also rel- evant. Subsection (1) of § 30-2482 provides: After notice to all interested persons or on petition of an interested person or on appropriate motion if administra- tion is supervised, the propriety of employment of any…”
In re Est. of Graham, 301 Neb. 594 (Neb. 2018).
· cites it 5× “§ 30-2480 (Reissue 2016), governing compensation of personal representatives; Neb. Rev. Stat. § 30-2481 (Reissue 2016), governing expenses in estate litigation; and Neb.”
Kerrigan & Line v. Lange, 571 N.W.2d 76 (Neb. 1997).
· cites it 10× “Lange and Foote claimed that the partnership’s demand for additional attorney fees should be reviewed by the county court pursuant to Neb. Rev. Stat. § 30-2482 (1) (Reissue 1995), which states in part: After notice to all interested persons or on petition of an interested person…”
Kerrigan & Line v. Foote, 558 N.W.2d 837 (Neb. Ct. App. 1997).
· cites it 8× “The defendants seem to argue that demands for attorney fees may be brought only under § 30-2482 and that certain language in § 30-2485(b) excepts administration expenses from the probate claims procedure.”
In re Est. of Giventer, 310 Neb. 39 (Neb. 2021).
· cites it 4× “The motion also challenged the county court’s find- ing that claims for predeath fees were time barred, asserting that Neb. Rev. Stat. § 30-2482 (Reissue 2016) applied, rather than § 30-2486.”
In Re Est. of Odineal, 368 N.W.2d 800 (Neb. 1985).
· cites it 3× “(3) County Judge Philip Riley refused to disqualify himself, although he had done so at a prior hearing in the estate.”
In Re Est. of Watson, 557 N.W.2d 38 (Neb. Ct. App. 1996).
· cites it 6× “The trial court determined that the instant case was controlled by Neb. Rev. Stat. § 30-2482 (Reissue 1995), which provides that the county court may review the propriety of the employment by a personal representative of an attorney, as well as the reasonableness of the…”
In re Est. of Larson, 972 N.W.2d 891 (Neb. 2022).
· cites it 4× “§ 30-2480 (Reissue 2016), governing compensation of personal representatives; Neb. Rev. Stat. § 30-2481 (Reissue 2016), governing expenses in estate litigation; and Neb.”
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…”
Eagle Partners v. Rook, 301 Neb. 947 (Neb. 2018).
· cites it 7× “In its first assignment of error, the Estate contends that the district court lacked subject matter jurisdiction over Keller’s claim because the claim arose out of a real estate commission pursuant to the listing Keller entered into with the personal representative.”
— Neb. Rev. Stat. § 30-2482(1) — 2 cases
In re Est. of Hutton, 306 Neb. 579 (Neb. 2020).
“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…”
— Neb. Rev. Stat. § 30-2482(2) — 3 cases
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