30-2901. Time for taking effect; provisions for transition.

334 words·~2 min read·/ne/chapter-30/30-2901

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)This code shall become operative on January 1, 1977.

(b)Except as provided elsewhere in this code, on the operative date of this code:

(1)the code applies to any wills of decedents dying thereafter;

(2)the code applies to any proceedings in court then pending or thereafter commenced regardless of the time of the death of decedent except to the extent that in the opinion of the court the former procedure should be made applicable in a particular case in the interest of justice or because of infeasibility of application of the procedure of this code;

(3)every personal representative including a person administering an estate of a minor or incompetent holding an appointment on that date, continues to hold the appointment but has only the powers conferred by this code and is subject to the duties imposed with respect to any act occurring or done thereafter;

(4)an act done before the operative date in any proceeding and any accrued right is not impaired by this code. If a right is acquired, extinguished or barred upon the expiration of a prescribed period of time which has commenced to run by the provisions of any statute before the operative date, the provisions shall remain in force with respect to that right.

The new code applies to any wills of decedents dying subsequent to the effective date of code. In re Estate of Florey, 212 Neb. 665, 325 N.W.2d 643 (1982).

This provision makes it clear that estates filed for probate after the effective date of the 1977 Nebraska Probate Code are governed by the provisions of the 1977 Nebraska Probate Code. Jacobson v. Nemesio, 204 Neb. 180, 281 N.W.2d 552 (1979).

Under this provision, the statute of limitations of the old probate code would have barred this action in Nebraska courts. Therefor, the action against the estate is also barred in federal court after the statute has run. Greyhound Lines v. Lexington State Bank & Trust, 604 F.2d 1151 (8th Cir. 1979).