(a) Subject to sections 30-2333 and 30-2354, a provision for a nonprobate transfer on death in an insurance or annuity policy, account with POD designation as defined in section 30-2716, contract of employment, bond, mortgage, promissory note, certificated or uncertificated security, security registered in beneficiary form, account agreement, custodial agreement, deposit agreement, compensation plan, pension plan, profit-sharing plan, individual retirement plan, employee benefit plan, trust, marital property agreement, certificate of title, or other written instrument of a similar nature is nontestamentary. This subsection includes a written provision that:
(1) money or other benefits due to, controlled by, or owned by a decedent before death must be paid after the decedent's death to a person whom the decedent designates either in the instrument or in a separate writing, including a will, executed either before or at the same time as the instrument, or later;
(2) money due or to become due under the instrument ceases to be payable in the event of death of the promisee or the promisor before payment or demand; or
(3) any property controlled by or owned by the decedent before death which is the subject of the instrument passes to a person the decedent designates either in the instrument or in a separate writing, including a will, executed either before or at the same time as the instrument, or later.
(b) This section does not limit rights of creditors under other laws of this state.
Notes of Decisions
Cited in
11
cases (
2 in the last 5 years), 1998–2025 · leading case:
In re Est. of Balvin, 888 N.W.2d 499 (Neb. 2016).
In re Est. of Balvin, 888 N.W.2d 499 (Neb. 2016).
· cites it 9× “Neb. Rev. Stat. § 30-2715 (Reissue 2016) allows for nonprobate transfers upon death in the form of nontestamen- tary trusts, and nontestamentary trust assets are not subject to probate other than for specific statutory expenses.”
In Re Trust of Rosenberg, 727 N.W.2d 430 (Neb. 2007).
· cites it 2× “00 as the beneficiary of a life insurance policy from MetLife on the life of Monroe D.”
In Re Est. of Chrisp, 759 N.W.2d 87 (Neb. 2009).
· cites it 2× “2d 355 (2005); Neb. Rev. Stat. § 30-2715 (Reissue 1995).”
Clark v. Clark, 746 N.W.2d 132 (Neb. 2008).
· cites it 7× “CONCLUSION For the reasons discussed above, we affirm the judgment of the district court.”
Chambers v. Bringenberg, 309 Neb. 888 (Neb. 2021).
· cites it 3× “That said, Neb. Rev. Stat. § 30-2715 (a) (Cum. Supp.”
In Re Est. of Rosso, 701 N.W.2d 355 (Neb. 2005).
“See § 30-2715 et seq. But even if the proposition cited by Linda retained vitality, it is not relevant in the instant case, because Richard and Sandra’s asserted joint tenancy of Strata would give Sandra immediate ownership of the whole of the property, regardless of who…”
Newman v. Thomas, 652 N.W.2d 565 (Neb. 2002).
· cites it 2× “The revised version of article 27 governs this case.”
In re Est. of Farrington, 33 Neb. Ct. App. 716 (Neb. Ct. App. 2025).
· cites it 7× “An investment account owned by a decedent prior to his or her death that explicitly provides for named beneficiaries to receive the funds in the account at the time of death is a nonprobate asset, as defined by Neb. Rev. Stat. § 30-2715 (Cum. Supp. 2024), which is sepa- rate and…”
Linehan v. First Nat. Bank of Gordon, 579 N.W.2d 157 (Neb. Ct. App. 1998).
· cites it 2× “We note that these sections have since been repealed and replaced by Neb. Rev. Stat. §§ 30-2715 through 30-2746 *57 (Reissue 1995).”
Rice v. Web (Neb. 2014).
“4 See § 30-2715(a). 5 See Pinkard, supra note 2 .”
— Neb. Rev. Stat. § 30-2715(a) — 4 cases
In re Est. of Balvin, 888 N.W.2d 499 (Neb. 2016).
“Neb. Rev. Stat. § 30-2715 (Reissue 2016) allows for nonprobate transfers upon death in the form of nontestamen- tary trusts, and nontestamentary trust assets are not subject to probate other than for specific statutory expenses.”
In re Est. of Farrington, 33 Neb. Ct. App. 716 (Neb. Ct. App. 2025).
“An investment account owned by a decedent prior to his or her death that explicitly provides for named beneficiaries to receive the funds in the account at the time of death is a nonprobate asset, as defined by Neb. Rev. Stat. § 30-2715 (Cum. Supp. 2024), which is sepa- rate and…”
Rice v. Web (Neb. 2014).
“4 See § 30-2715(a). 5 See Pinkard, supra note 2 .”
— Neb. Rev. Stat. § 30-2715(a)(1) — 1 case
In re Est. of Farrington, 33 Neb. Ct. App. 716 (Neb. Ct. App. 2025).
“An investment account owned by a decedent prior to his or her death that explicitly provides for named beneficiaries to receive the funds in the account at the time of death is a nonprobate asset, as defined by Neb. Rev. Stat. § 30-2715 (Cum. Supp. 2024), which is sepa- rate and…”
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