(a) Unless notice has already been given under this article and except when an appointment of a personal representative is made pursuant to subdivision (4) of section 30-2408, the clerk of the court upon the appointment of a personal representative shall publish a notice once a week for three successive weeks in a newspaper of general circulation in the county announcing the appointment and the address of the personal representative, and notifying creditors of the estate to present their claims within two months after the date of the first publication of the notice or be forever barred. The first publication shall be made within thirty days after the appointment. The party instituting or maintaining the proceeding or his or her attorney is required to mail the published notice and give proof thereof in accordance with section 25-520.01.
(b) If the decedent was fifty-five years of age or older or resided in a medical institution as defined in subsection (1) of section 68-919, the notice shall also be provided to the Department of Health and Human Services with the decedent's social security number and, if the decedent was predeceased by a spouse, the name and social security number of such spouse. The notice shall be provided to the department in a delivery manner and at an address designated by the department, which manner may include email. The department shall post the acceptable manner of delivering notice on its website. Any notice that fails to conform with such manner is void.
Notes of Decisions
Cited in
15
cases (
4 in the last 5 years), 1983–2024 · leading case:
Kerrigan & Line v. Foote, 558 N.W.2d 837 (Neb. Ct. App. 1997).
Kerrigan & Line v. Foote, 558 N.W.2d 837 (Neb. Ct. App. 1997).
· cites it 10× “I concur in the opinion of the majority, but I disagree with that portion of the opinion which either expressly or by implication holds that the attorney fees in this case, which are clearly administration costs, may be recovered under probate claim procedures provided in…”
Eagle Partners, L.L.C. v. Rook, 301 Neb. 947 (Neb. 2018).
· cites it 2× “8 But the language of § 30-2482 does not preclude using the probate claims procedure established in Neb. Rev. Stat. §§ 30-2483 through 30-2498 (Reissue 2016).”
In re Est. of Lakin, 310 Neb. 271 (Neb. 2021).
· cites it 4× “Under Neb. Rev. Stat. § 30-2483 (Reissue 2016) of the Nebraska Probate Code, the clerk of the county court must give notice to creditors of an estate to present their claims within 2 months after the date of the first publica- tion of the notice or be forever barred.”
In re Est. of Loder, 308 Neb. 210 (Neb. 2021).
· cites it 9× “01 and Neb. Rev. Stat. § 30-2483 (Cum. Supp. 2018), it retained the right to file a claim within 3 years of the Decedent’s death under § 30-2485(a)(2).”
Katskee v. Nevada Bob's Golf of Nebraska, Inc., 472 N.W.2d 372 (Neb. 1991).
· cites it 4× “ed or unliquidated, founded on contract, tort, or other legal basis, if not barred earlier by other statute of limitations, are barred against the estate, the personal representative, and the heirs and devisees of the decedent, unless presented as follows: (1) within two months…”
Nat'l Bank of Com. Trust & Sav. Ass'n v. Otto, 606 N.W.2d 750 (Neb. 2000).
· cites it 3× “Neb. Rev. Stat. § 30-2483 (Reissue 1995) provides that within 30 days after the appointment of a personal representative, the clerk of the county court shall publish a notice announcing the appointment and notifying creditors that claims must be presented within 2 months.”
In Re Est. of Feuerhelm, 341 N.W.2d 342 (Neb. 1983).
· cites it 2× “are barred against the estate, the personal representative, and the heirs and devisees of the decedent, unless presented as follows: “(1) within two months after the date of the first publication of notice to creditors if notice is given in compliance with section 30-2483 ....…”
J. J. Schaefer Livestock Hauling, Inc. v. Gretna State Bank, 428 N.W.2d 185 (Neb. 1988).
· cites it 2× “ed or unliquidated, founded on contract, tort, or other legal basis, if not barred earlier by other statute of limitations, are barred against the estate, the personal representative, and the heirs and devisees of the decedent, unless presented as follows: (1) within two months…”
Babbitt v. Hronik, 623 N.W.2d 700 (Neb. 2001).
· cites it 2× “The personal representative caused notice to be given to creditors of Hronik in accordance with Neb. Rev. Stat. § 30-2483 (Reissue 1995) (notice by publication).”
In Re Est. of Chaney, 439 N.W.2d 764 (Neb. 1989).
· cites it 2× “ed or unliquidated, founded on contract, tort, or other legal basis, if not barred earlier by other statute of limitations, are barred against the estate, the personal representative, and the heirs and devisees of the decedent, unless presented as follows: (1) within two months…”
In Re Est. of Masopust, 443 N.W.2d 274 (Neb. 1989).
· cites it 2× “d or unliquidated, founded on contract, tort, or other legal basis, if not barred earlier by other statute of limitations, are barred against the estate, the personal representative, and the heirs and devisees of the decedent, unless presented as follows: “(1) within two months…”
In Re Est. of Tvrz, 608 N.W.2d 226 (Neb. Ct. App. 2000).
· cites it 4× “§ 30-2485 (Reissue 1995) was controlling, that Tvrz knew the Department was a creditor of the estate, that the act of publication without mailing notice to the Department was not in compliance with § 25-520.”
— Neb. Rev. Stat. § 30-2483(a) — 2 cases
In re Est. of Loder, 308 Neb. 210 (Neb. 2021).
“01 and Neb. Rev. Stat. § 30-2483 (Cum. Supp. 2018), it retained the right to file a claim within 3 years of the Decedent’s death under § 30-2485(a)(2).”
— Neb. Rev. Stat. § 30-2483(b) — 1 case
In re Est. of Loder, 308 Neb. 210 (Neb. 2021).
“01 and Neb. Rev. Stat. § 30-2483 (Cum. Supp. 2018), it retained the right to file a claim within 3 years of the Decedent’s death under § 30-2485(a)(2).”
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