Nebraska Revised Statutes

Neb. Rev. Stat. § 30-2485 (2026)

Limitations on presentation of claims

✓ current as of July 2026

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(a) All claims against a decedent's estate which arose before the death of the decedent, including claims of the state and any subdivision thereof, whether due or to become due, absolute or contingent, liquidated 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 after the date of the first publication of notice to creditors if notice is given in compliance with sections 25-520.01 and 30-2483, except that claims barred by the nonclaim statute at the decedent's domicile before the first publication for claims in this state are also barred in this state. If any creditor has a claim against a decedent's estate which arose before the death of the decedent and which was not presented within the time allowed by this subdivision, including any creditor who did not receive notice, such creditor may apply to the court within sixty days after the expiration date provided in this subdivision for additional time and the court, upon good cause shown, may allow further time not to exceed thirty days;

(2) Within three years after the decedent's death if notice to creditors has not been given in compliance with sections 25-520.01 and 30-2483.

(b) All claims, other than for costs and expenses of administration as defined in section 30-2487, against a decedent's estate which arise at or after the death of the decedent, including claims of the state and any subdivision thereof, whether due or to become due, absolute or contingent, liquidated or unliquidated, founded on contract, tort, or other legal basis, are barred against the estate, the personal representative, and the heirs and devisees of the decedent, unless presented as follows:

(1) A claim based on a contract with the personal representative, within four months after performance by the personal representative is due;

(2) Any other claim, within four months after it arises.

(1) Any proceeding to enforce any mortgage, pledge, or other lien upon property of the estate; or

(2) To the limits of the insurance protection only, any proceeding to establish liability of the decedent or the personal representative for which he or she is protected by liability insurance.

Notes of Decisions

Cited in 48 cases (11 in the last 5 years), 1979–2025 · leading case: JR Simplot Co. v. Jelinek, 748 N.W.2d 17 (Neb. 2008).

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JR Simplot Co. v. Jelinek, 748 N.W.2d 17 (Neb. 2008). · cites it 27× “If so, then Simplot's claim should be allowed, because under § 30-2485, no statute of limitations barred the claim.”

Baumgart v. O'Sullivan (In Re Est. of Karmazin), 299 Neb. 315 (Neb. 2018). · cites it 8× “It alleged that the claims were barred under Neb. Rev. Stat. § 30-2485 (b) (Reissue 2016).”

In re Est. of Giventer, 310 Neb. 39 (Neb. 2021). · cites it 25× “County Court’s Orders On June 10, 2019, the county court denied fees in the probate proceeding incurred prior to Pearl’s death, because Fogarty and Teichman filed their claims for those fees out of time, apparently pursuant to Neb. Rev. Stat. §§ 30-2485 (a)(2) and 30-2486…”

Nat'l Bank of Com. Trust & Sav. Ass'n v. Otto, 606 N.W.2d 750 (Neb. 2000). · cites it 23× “Relying upon Neb. Rev. Stat. § 30-2485 (a)(2) (Reissue 1995), the court reasoned that because notice was not properly sent, FCG was entitled to 3 years in which to file its claim.”

Kerrigan & Line v. Foote, 558 N.W.2d 837 (Neb. Ct. App. 1997). · cites it 16× “§ 30-2486 (Reissue 1995) within the time limit prescribed in Neb.Rev.Stat. § 30-2485 (Reissue 1995). Neither copersonal representative mailed a notice of disallowance of the claim within 60 days as required by Neb.”

J. J. Schaefer Livestock Hauling, Inc. v. Gretna State Bank, 428 N.W.2d 185 (Neb. 1988). · cites it 12× “TIMELY FILING AGAINST AN ESTATE Claims against the estate of a decedent which are based on promissory notes executed by the deceased must be presented within the time provided by Neb. Rev. Stat. § 30-2485 (a)(l) (Reissue 1985) and in the manner provided in Neb.”

MacH v. Schmer, 550 N.W.2d 385 (Neb. Ct. App. 1996). · cites it 15× “Neb. Rev. Stat. § 30-2485 (Reissue 1995) provides the general time limitations within which a claimant must present his claim.”

In re Est. of Lakin, 310 Neb. 271 (Neb. 2021). · cites it 7× “All claims against a decedent’s estate which arose before the death of the decedent, if not barred by another statute of limitations, are barred against the estate, the personal representative, and the heirs and devisees of the decedent, unless presented according to Neb. Rev.…”

Katskee v. Nevada Bob's Golf of Nebraska, Inc., 472 N.W.2d 372 (Neb. 1991). · cites it 14× “We thus reach the second claimed error, the district court's failure to obligate Nevada Bob's to prove, as an element of its counterclaim, that it had filed a claim with the decedent's estate as required by Neb. Rev.Stat. § 30-2485 (Reissue 1989). Section 30-2485(a), in…”

White v. White, 316 Neb. 616 (Neb. 2024). · cites it 9× “616 because she failed to timely file a claim against the estate, as required by Neb. Rev. Stat. § 30-2485 (Reissue 2016).”

In Re Est. of Feuerhelm, 341 N.W.2d 342 (Neb. 1983). · cites it 7× “Thompson Testamentary Trust, appeals the Adams County District Court’s judgment affirming the county court’s refusal to allow the trustee’s filing a belated claim pursuant to Neb. Rev. Stat. § 30-2485 (a)(1) (Reissue 1979).”

In re Est. of Loder, 308 Neb. 210 (Neb. 2021). · cites it 14× “The 1 See Neb. Rev. Stat. § 30-2485 (a)(1) (Reissue 2016) (nonclaim statute).”

Show all 48 citing cases →

— Neb. Rev. Stat. § 30-2485(2)(b) — 1 case

In Re Est. of Reimer, 427 N.W.2d 293 (Neb. 1988).

— Neb. Rev. Stat. § 30-2485(a) — 9 cases

J. J. Schaefer Livestock Hauling, Inc. v. Gretna State Bank, 428 N.W.2d 185 (Neb. 1988). “TIMELY FILING AGAINST AN ESTATE Claims against the estate of a decedent which are based on promissory notes executed by the deceased must be presented within the time provided by Neb. Rev. Stat. § 30-2485 (a)(l) (Reissue 1985) and in the manner provided in Neb.”

Katskee v. Nevada Bob's Golf of Nebraska, Inc., 472 N.W.2d 372 (Neb. 1991). “We thus reach the second claimed error, the district court's failure to obligate Nevada Bob's to prove, as an element of its counterclaim, that it had filed a claim with the decedent's estate as required by Neb. Rev.Stat. § 30-2485 (Reissue 1989). Section 30-2485(a), in…”

In re Est. of Giventer, 310 Neb. 39 (Neb. 2021). “County Court’s Orders On June 10, 2019, the county court denied fees in the probate proceeding incurred prior to Pearl’s death, because Fogarty and Teichman filed their claims for those fees out of time, apparently pursuant to Neb. Rev. Stat. §§ 30-2485 (a)(2) and 30-2486…”

Baye v. Airlite Plastics Co., 618 N.W.2d 145 (Neb. 2000).

Babbitt v. Hronik, 623 N.W.2d 700 (Neb. 2001).

— Neb. Rev. Stat. § 30-2485(a)(1) — 10 cases

Baumgart v. O'Sullivan (In Re Est. of Karmazin), 299 Neb. 315 (Neb. 2018). “It alleged that the claims were barred under Neb. Rev. Stat. § 30-2485 (b) (Reissue 2016).”

Johnson v. Nelson, 290 Neb. 703 (Neb. 2015).

In Re Est. of Feuerhelm, 341 N.W.2d 342 (Neb. 1983). “Thompson Testamentary Trust, appeals the Adams County District Court’s judgment affirming the county court’s refusal to allow the trustee’s filing a belated claim pursuant to Neb. Rev. Stat. § 30-2485 (a)(1) (Reissue 1979).”

Sparks v. Mach, 993 N.W.2d 119 (Neb. 2023).

In re Est. of Loder, 308 Neb. 210 (Neb. 2021). “The 1 See Neb. Rev. Stat. § 30-2485 (a)(1) (Reissue 2016) (nonclaim statute).”

— Neb. Rev. Stat. § 30-2485(a)(2) — 8 cases

Nat'l Bank of Com. Trust & Sav. Ass'n v. Otto, 606 N.W.2d 750 (Neb. 2000). “Relying upon Neb. Rev. Stat. § 30-2485 (a)(2) (Reissue 1995), the court reasoned that because notice was not properly sent, FCG was entitled to 3 years in which to file its claim.”

In re Est. of Loder, 308 Neb. 210 (Neb. 2021). “The 1 See Neb. Rev. Stat. § 30-2485 (a)(1) (Reissue 2016) (nonclaim statute).”

MacH v. Schmer, 550 N.W.2d 385 (Neb. Ct. App. 1996). “Neb. Rev. Stat. § 30-2485 (Reissue 1995) provides the general time limitations within which a claimant must present his claim.”

Sparks v. Mach, 993 N.W.2d 119 (Neb. 2023).

— Neb. Rev. Stat. § 30-2485(a)(l) — 5 cases

MacH v. Schmer, 550 N.W.2d 385 (Neb. Ct. App. 1996). “Neb. Rev. Stat. § 30-2485 (Reissue 1995) provides the general time limitations within which a claimant must present his claim.”

In Re Est. of Tvrz, 620 N.W.2d 757 (Neb. 2001).

— Neb. Rev. Stat. § 30-2485(b) — 9 cases

JR Simplot Co. v. Jelinek, 748 N.W.2d 17 (Neb. 2008). “If so, then Simplot's claim should be allowed, because under § 30-2485, no statute of limitations barred the claim.”

Kerrigan & Line v. Foote, 558 N.W.2d 837 (Neb. Ct. App. 1997). “§ 30-2486 (Reissue 1995) within the time limit prescribed in Neb.Rev.Stat. § 30-2485 (Reissue 1995). Neither copersonal representative mailed a notice of disallowance of the claim within 60 days as required by Neb.”

Baumgart v. O'Sullivan (In Re Est. of Karmazin), 299 Neb. 315 (Neb. 2018). “It alleged that the claims were barred under Neb. Rev. Stat. § 30-2485 (b) (Reissue 2016).”

In Re Est. of Tvrz, 608 N.W.2d 226 (Neb. Ct. App. 2000).

— Neb. Rev. Stat. § 30-2485(b)(1) — 1 case

JR Simplot Co. v. Jelinek, 748 N.W.2d 17 (Neb. 2008). “If so, then Simplot's claim should be allowed, because under § 30-2485, no statute of limitations barred the claim.”

— Neb. Rev. Stat. § 30-2485(b)(2) — 8 cases

Baumgart v. O'Sullivan (In Re Est. of Karmazin), 299 Neb. 315 (Neb. 2018). “It alleged that the claims were barred under Neb. Rev. Stat. § 30-2485 (b) (Reissue 2016).”

White v. White, 316 Neb. 616 (Neb. 2024). “616 because she failed to timely file a claim against the estate, as required by Neb. Rev. Stat. § 30-2485 (Reissue 2016).”

In Re Est. of Tvrz, 608 N.W.2d 226 (Neb. Ct. App. 2000).

— Neb. Rev. Stat. § 30-2485(c) — 2 cases

MacH v. Schmer, 550 N.W.2d 385 (Neb. Ct. App. 1996). “Neb. Rev. Stat. § 30-2485 (Reissue 1995) provides the general time limitations within which a claimant must present his claim.”

Sparks v. Mach, 993 N.W.2d 119 (Neb. 2023).

— Neb. Rev. Stat. § 30-2485(c)(2) — 3 cases

MacH v. Schmer, 550 N.W.2d 385 (Neb. Ct. App. 1996). “Neb. Rev. Stat. § 30-2485 (Reissue 1995) provides the general time limitations within which a claimant must present his claim.”

Sparks v. Mach, 993 N.W.2d 119 (Neb. 2023).

Babbitt v. Hronik, 623 N.W.2d 700 (Neb. 2001).

— Neb. Rev. Stat. § 30-2485(c)(l) — 1 case

McCook Nat'l Bank v. Bennett, 537 N.W.2d 353 (Neb. 1995).

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