Nebraska Laws Affecting Conserved Funds

See Neb. Rev. Stat. § 30-2410 (West, Westlaw through the Second Reg. Sess. of the 99th Legislature (2006).

As a representative payee, you should be sending the conserved funds of a deceased beneficiary to the county court in which the deceased individual had a permanent residence.

If the deceased individual was not a resident of any county in Nebraska, then the conserved funds should be sent to the county court in which the deceased left any property. The Nebraska Judicial Branch has a website which lists the county courts and the counties which they serve.

The Web site can be found at: www.supremecourt.ne.gov/dc/clerks.

State Laws

The appropriate place to send conserved funds in Nebraska is to the probate division of the county court in which the estate is being probated.

§ 24-517. Jurisdiction.

Each county court shall have the following jurisdiction:

(1)Exclusive original jurisdiction of all matters relating to decedents’ estates, including the probate of wills and the construction thereof, except as provided in subsection (c) of section 30-2464 and 30-2486.

See Neb. Rev. Stat. § 24-517 (West, Westlaw through the Second Reg. Sess. of the 99th Legislature (2006)).

In order to determine which county court is probating the estate, the Revised Statutes of Nebraska provide:

§ 30-2410. Venue for first and subsequent estate proceedings; location of property.

(a) Venue for the first informal or formal testacy or appointment proceedings after a decedent’s death is:

(1) in the county where the decedent had his domicile at the time of his death; or

(2) if the decedent was not domiciled in this state, in any county where property of the decedent was located at the time of his death.

(b) Venue for all subsequent proceedings within the jurisdiction of the court is in the place where the initial proceeding occurred, unless the initial proceeding has been transferred as provided in section 30-2212 or subsection (c) of this section.