Nebraska Revised Statutes

Neb. Rev. Stat. § 30-2641 (2026)

Terms and requirements of bonds

✓ current as of July 2026

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(a) The following requirements and provisions apply to any bond required under section 30-2640:

(1) Unless otherwise provided by the terms of the approved bond, sureties are jointly and severally liable with the conservator and with each other;

(2) By executing an approved bond of a conservator, the surety consents to the jurisdiction of the court which issued letters to the primary obligor in any proceeding pertaining to the fiduciary duties of the conservator and naming the surety as a party defendant. Notice of any proceeding shall be delivered to the surety or mailed to him by registered or certified mail at his address as listed with the court where the bond is filed and to his address as then known to the petitioner;

(3) On petition of a successor conservator or any interested person, a proceeding may be initiated against a surety for breach of the obligation of the bond of the conservator;

(4) The bond of the conservator is not void after the first recovery but may be proceeded against from time to time until the whole penalty is exhausted.

(b) No proceeding may be commenced against the surety on any matter as to which an action or proceeding against the primary obligor is barred by adjudication or limitation.

Notes of Decisions

Cited in 2 cases, 1997–2014 · leading case: Sawyer v. State Sur. Co., 558 N.W.2d 43 (Neb. 1997).

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Sawyer v. State Sur. Co., 558 N.W.2d 43 (Neb. 1997). · cites it 32× “LANPHIER, Justice, dissenting. I respectfully dissent. The majority states that the adoption by the bankruptcy court of the stipulation between John D.”

In re Guardianship & Conservatorship of Forster (Neb. Ct. App. 2014). · cites it 2× “Failure to R equire Bond Mark argues that the county court erred in failing to require the temporary guardians and conservators to post bond and in failing to hold a hearing after Neb. Rev. Stat. § 30-2641 (Reissue 2008) was amended to require such bond.”

— Neb. Rev. Stat. § 30-2641(b) — 1 case

Sawyer v. State Sur. Co., 558 N.W.2d 43 (Neb. 1997). “LANPHIER, Justice, dissenting. I respectfully dissent. The majority states that the adoption by the bankruptcy court of the stipulation between John D.”

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