30-2404. Claims against decedent; necessity of administration.
235 words·~1 min read·
/ne/chapter-30/30-2404A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
No proceeding to enforce a claim against the estate of a decedent or his successors may be revived or commenced before the appointment of a personal representative. After the appointment and until distribution, all proceedings and actions to enforce a claim against the estate are governed by the procedure prescribed by this article. After distribution a creditor whose claim has not been barred may recover from the distributees as provided in section 30-24,118 or from a former personal representative individually liable as provided in section 30-24,119 .
This section has no application to a proceeding by a secured creditor of the decedent to enforce his right to his security except as to any deficiency judgment which might be sought therein.
An otherwise valid amended complaint, filed after a complaint filed prematurely under this section but after the appointment or reappointment of a personal representative, is sufficient to commence a proceeding within the meaning of section 30-2486(2). Sparks v. Mach, 314 Neb. 724, 993 N.W.2d 119 (2023).
Under this section, a claim against a decedent's estate cannot be commenced before the county court has appointed a personal representative. Sparks v. Mach, 314 Neb. 724, 993 N.W.2d 119 (2023).
The mere filing of a claim with a probate court does not constitute commencement of a proceeding to enforce a claim. Lenners v. St. Paul Fire & Marine Ins. Co., 18 Neb. App. 772, 793 N.W.2d 357 (2010).