2006 Nebraska Revised Statutes - § 30-2211 — Subject matter jurisdiction.

Section 30-2211
Subject matter jurisdiction.

(a) To the full extent permitted by the Constitution of Nebraska, the court has jurisdiction over all subject matter relating to (1) estates of decedents, including construction of wills and determination of heirs and successors of decedents, and estates of protected persons; and (2) protection of minors and incapacitated persons.

(b) The court has full power to make orders, judgments, and decrees and take all other action necessary and proper to administer justice in the matters which come before it.


Source:
    Laws 1974, LB 354, § 11, UPC § 1-302

    Laws 2003, LB 130, § 123

Annotations:
    County courts, in exercising exclusive original jurisdiction over estates, may apply equitable principles to matters within probate jurisdiction. In re Estate of Steppuhn, 221 Neb. 329, 377 N.W.2d 83 (1985).

    In an equity action to determine title to joint bank accounts based on constructive trust or conversion, the county courts cannot acquire jurisdiction under this section since they have no equity jurisdiction over this type of action. Miller v. Janecek, 210 Neb. 316, 314 N.W.2d 250 (1982).

    County courts have exclusive original jurisdiction of all matters related to decedents' estates, including the probate of wills and the construction thereof, and all other jurisdiction heretofore provided and not specifically repealed by Laws 1972, LB 1032, and such other jurisdiction as thereafter provided by law. County courts, in exercising exclusive original jurisdiction over estates, may apply equitable principles to matters within probate jurisdiction. In re Estate of Layton, 207 Neb. 646, 300 N.W.2d 802 (1981).



~Revised Statutes Cumulative Supplement, 2006

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