Neb. Rev. Stat. » Chapter 30
Nebraska Revised Statutes

Neb. Rev. Stat. § 30-2658 (2026)

Individual liability of conservator

✓ text as last checked Oct. 2026 (this copy records no edition or section history)
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(a) Unless otherwise provided in the contract, a conservator is not individually liable on a contract properly entered into in his fiduciary capacity in the course of administration of the estate unless he fails to reveal his representative capacity and identify the estate in the contract.

(b) The conservator is individually liable for obligations arising from ownership or control of property of the estate or for torts committed in the course of administration of the estate only if he is personally at fault.

(c) Claims based on contracts entered into by a conservator in his fiduciary capacity, on obligations arising from ownership or control of the estate, or on torts committed in the course of administration of the estate may be asserted against the estate by proceeding against the conservator in his fiduciary capacity, whether or not the conservator is individually liable therefor.

(d) Any question of liability between the estate and the conservator individually may be determined in a proceeding for accounting, surcharge, or indemnification, or other appropriate proceeding or action.

Notes of Decisions
Cited in 3 cases, 2004–2019 · leading case: McGill v. Douglas Cnty. (In re Conservatorship Alice H.), 927 N.W.2d 787 (Neb. 2019).
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McGill v. Douglas Cnty. (In re Conservatorship Alice H.), 927 N.W.2d 787 (Neb. 2019). · cites it 2× “Douglas County argued that although the March 2016 order had not cited any statutory authority for ordering Grimes to pay McGill's attorney fees, the court likely relied on Neb. Rev. Stat. § 30-2658 (b) (Reissue 2016).”
In re Guardianship & Conservatorship of Trobough, 676 N.W.2d 364 (Neb. 2004). “See § 30-2658. Thus, Bain was within her rights to seek an accounting of the conservatorship.”
In re Guardianship & Conservatorship of Alice H., 303 Neb. 235 (Neb. 2019). · cites it 2× “Douglas County argued that although the March 2016 order had not cited any statutory authority for ordering Grimes to pay McGill’s attorney fees, the court likely relied on Neb.”
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