reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-4316 - Criminal justice agencies and attorneys; maintain confidentiality of victim of sexual assault or sex trafficking.

29-4316.
Criminal justice agencies and attorneys; maintain confidentiality of victim of sexual assault or sex trafficking.
(1) For purposes of this section:
(a) Criminal justice agency has the same meaning as in section 29-3509;
(b) Sex trafficking means sex trafficking or sex trafficking of a minor in violation of section 28-831; and
(c) Sexual assault means a violation of section 28-319, 28-319.01, 28-320, 28-320.01, 28-320.02, 28-322.01, 28-322.02, 28-322.03, 28-322.04, 28-322.05, 28-703, or 28-1463.03 or subdivision (1)(c) or (g) of section 28-386 or subdivision (1)(d), (e), or (f) of section 28-707.
(2) Except as provided in subsection (3) of this section, and unless otherwise required by statute, a criminal justice agency and any attorney involved in the investigation or prosecution of an alleged sexual assault or sex trafficking violation shall maintain the confidentiality of the identity and personal identifying information of the alleged victim. Such information may be shared by such criminal justice agencies and between such criminal justice agencies and attorneys as necessary to carry out their duties.
(3) The confidentiality required by subsection (2) of this section does not apply:
(a) To the extent waived by the alleged victim;
(b) If criminal charges involving the alleged sexual assault or sex trafficking are filed;
(c) If the victim has died as a result of, or in connection with, the alleged sexual assault or sex trafficking;
(d) In cases where personal identifying information or the identity of the victim are released as part of a child abduction alert system used by law enforcement agencies, such as the AMBER Alert system;
(e) To a person making a report of suspected child abuse or neglect as required in section 28-711;
(f) To the sharing of reports and information regarding child abuse and neglect with a child abuse and neglect investigation team or child abuse and neglect treatment team provided for in section 28-728;
(g) To the Department of Health and Human Services and other assisting agencies as necessary to carry out their duties in investigations of child abuse or neglect;
(h) To communication with an individual that an educational entity, as defined in section 79-1201.01, has designated:
(i) As a Title IX coordinator; or
(ii) To receive reports related to sexual assault or sex trafficking or to provide supportive measures related to such reports; or
(i) To communication with advocates and health care providers as defined in section 29-4309.
Source
Laws 2022, LB1246, § 1.
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-4317 - Health care provider, emergency medical services provider, laboratory, or pharmacy; provision of certain services related to sexual assault, domestic assault, or child abuse; acts prohibited.

29-4317.
Health care provider, emergency medical services provider, laboratory, or pharmacy; provision of certain services related to sexual assault, domestic assault, or child abuse; acts prohibited.
(1) A health care provider, an emergency medical services provider, a laboratory, or a pharmacy providing medical services, transportation, medications, or other services related to the examination or treatment of injuries arising out of sexual assault as defined in section 29-4309, domestic assault under section 28-323, or child abuse under section 28-707 shall not:
(a) Refer a bill for such services to a collection agency or an attorney for collection against the victim or the victim's guardian or family;
(b) Distribute information regarding such services and status of payment in any way that would affect the credit rating of the victim or the victim's guardian or family; or
(c) Take any other action adverse to the victim or the victim's guardian or family on account of providing such services.
(2) This section shall not be construed to prevent an entity described in subsection (1) of this section from otherwise seeking payment for such services from the victim or any other source.
(3) If a collection agency or an attorney is referred a debt for a bill described in subsection (1) of this section, then upon notice of the applicability of this section, the collection agency or attorney shall return the debt to the referring health care provider, emergency medical services provider, laboratory, or pharmacy.
(4) No private cause of action shall exist under this section against a debt collector.
Source
Laws 2023, LB157, § 5.
Operative Date: September 2, 2023
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-4401 - Presentence investigation; sentence suspension; probation; court orders; considerations.

29-4401.
Presentence investigation; sentence suspension; probation; court orders; considerations.
(1) When any person is found guilty of a crime involving abuse as defined in section 42-903, the judge shall order a presentence investigation to be completed and returned to the court for consideration at the time of sentencing.
(2) At the time of sentencing, the court shall consider the safety and protection of the victim of abuse and any member of the victim's family or household when suspending a sentence or granting probation.
(3) The court may order the convicted person to complete a domestic abuse intervention program at the convicted person's expense in addition to any other penalties.
Source
Laws 2004, LB 613, § 9.
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-4402 - House arrest; prohibited.

29-4402.
House arrest; prohibited.
When a person is found guilty of a crime involving abuse as defined in section 42-903, a court shall not order house arrest for the person in the residence of the victim, regardless of the ownership of the residence.
Source
Laws 2004, LB 613, § 10.
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-4501 - Legislative findings.

29-4501.
Legislative findings.
The Legislature finds that to electronically record statements made during a custodial interrogation is an effective way to document a free, knowing, voluntary, and intelligent waiver of a person's right to remain silent, to agree to answer questions, to decide to have an attorney present during such questioning, and to decide to have an attorney provided to such person if he or she cannot afford an attorney, as provided by the Constitution of the United States and the Constitution of Nebraska. Providing a record of the statement made during a custodial interrogation and any waiver of constitutional rights will reduce speculation and claims that may arise as to the content of the statement. Such a record of the content of the statement will aid law enforcement officers in analyzing and rejecting untruthful statements and will aid the factfinder in determining whether a statement was freely, knowingly, voluntarily, and intelligently made.
Source
Laws 2008, LB179, § 1.
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-4502 - Terms, defined.

29-4502.
Terms, defined.
For purposes of sections 29-4501 to 29-4508:
(1) Custodial interrogation has the meaning prescribed to it under the Fourth and Fifth Amendments to the Constitution of the United States and Article I, sections 3 and 7, of the Constitution of Nebraska, as interpreted by the United States Supreme Court and the Nebraska Supreme Court;
(2) Electronically record means to record using an audio recording device, a digital recording device, or a video recording device;
(3) Place of detention means a police station, sheriff's office, troop headquarters, courthouse, county attorney's office, juvenile or adult correctional or holding facility, community correctional center, or building under the permanent control of law enforcement at which the person is in custody pursuant to the authority of a law enforcement officer; and
(4) Reasonable exception means circumstances in which:
(a) A statement was made when it was not practicable to electronically record the statement;
(b) Equipment to electronically record the statement could not be reasonably obtained;
(c) The person in custody refused to have the statement electronically recorded;
(d) The equipment used to electronically record the statement malfunctioned; or
(e) The law enforcement officer conducting the statement reasonably believed that the crime for which the person was taken into custody was not a crime described in subsection (2) of section 29-4503.
Source
Laws 2008, LB179, § 2.
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-4503 - Electronic recordation of statements and waiver of rights required; when.

29-4503.
Electronic recordation of statements and waiver of rights required; when.
(1) All statements relating to crimes described in subsection (2) of this section and statements regarding rights described in section 29-4501 or the waiver of such rights made during a custodial interrogation at a place of detention that are described in subsection (2) of this section shall be electronically recorded.
(2) Statements subject to subsection (1) of this section are those statements relating to:
(a) Crimes resulting in death or felonies involving (i) sexual assault, (ii) kidnapping, (iii) child abuse, or (iv) strangulation; or
(b) Offenses being investigated as part of the same course of conduct as the offenses described in subdivision (a) of this subsection.
Source
Laws 2008, LB179, § 3.
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-4504 - Law enforcement officer; failure to comply with electronic recordation requirement; jury instruction.

29-4504.
Law enforcement officer; failure to comply with electronic recordation requirement; jury instruction.
Except as otherwise provided in sections 29-4505 to 29-4507, if a law enforcement officer fails to comply with section 29-4503, a court shall instruct the jury that they may draw an adverse inference for the law enforcement officer's failure to comply with such section.
Source
Laws 2008, LB179, § 4.
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-4505 - Defendant; testimony contrary to statement; use of statement authorized.

29-4505.
Defendant; testimony contrary to statement; use of statement authorized.
(1) If a defendant testifies contrary to his or her statement made during a custodial interrogation at a place of detention which was not electronically recorded, such statement may be used for the purpose of impeachment if it is shown that the statement was freely, knowingly, voluntarily, and intelligently made.
(2) A jury instruction shall not be required if the prosecution proves, by a preponderance of the evidence, that there is a reasonable exception for there not being an electronic recording.
Source
Laws 2008, LB179, § 5.
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-4506 - Law enforcement officer; failure to comply with electronic recordation requirement; admissibility of evidence.

29-4506.
Law enforcement officer; failure to comply with electronic recordation requirement; admissibility of evidence.
If a law enforcement officer fails to comply with section 29-4503, such failure shall not bar the use of any evidence derived from such statement if the court determines that the evidence is otherwise admissible.
Source
Laws 2008, LB179, § 6.
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-4507 - Statement obtained out-of-state or by federal law enforcement officer; admissible; when.

29-4507.
Statement obtained out-of-state or by federal law enforcement officer; admissible; when.
Any statement made during a custodial interrogation shall be admissible against such person in a criminal proceeding in this state if:
(1) The statement was obtained in another state and was obtained in compliance with the laws of that state; or
(2) The statement was obtained by a federal law enforcement officer in this state or another state, was obtained in compliance with the laws of the United States, and was not taken by a federal law enforcement officer in an attempt to circumvent sections 29-4501 to 29-4508.
Source
Laws 2008, LB179, § 7.
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-4508 - Inaudible portions; how treated.

29-4508.
Inaudible portions; how treated.
The existence of inaudible portions of an electronic recording, which are not the result of bad faith by a law enforcement officer to produce an inaudible result, standing alone, shall not render a statement out of compliance with section 29-4503.
Source
Laws 2008, LB179, § 8.
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-4602 - Legislative findings.

29-4602.
Legislative findings.
The Legislature finds that innocent persons who have been wrongly convicted of crimes and subsequently imprisoned have been uniquely victimized, have distinct problems reentering society, and have difficulty achieving legal redress due to a variety of substantive and technical obstacles in the law. The Legislature also finds that such persons should have an available avenue of redress. In light of the particular and substantial horror of being imprisoned for a crime one did not commit, the Legislature intends by enactment of the Nebraska Claims for Wrongful Conviction and Imprisonment Act that persons who can demonstrate that they were wrongfully convicted shall have a claim against the state as provided in the act.
Source
Laws 2009, LB260, § 2.
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-4603 - Recovery; claimant; proof required.

29-4603.
Recovery; claimant; proof required.
In order to recover under the Nebraska Claims for Wrongful Conviction and Imprisonment Act, the claimant shall prove each of the following by clear and convincing evidence:
(1) That he or she was convicted of one or more felony crimes and subsequently sentenced to a term of imprisonment for such felony crime or crimes and has served all or any part of the sentence;
(2) With respect to the crime or crimes under subdivision (1) of this section, that the Board of Pardons has pardoned the claimant, that a court has vacated the conviction of the claimant, or that the conviction was reversed and remanded for a new trial and no subsequent conviction was obtained;
(3) That he or she was innocent of the crime or crimes under subdivision (1) of this section; and
(4) That he or she did not commit or suborn perjury, fabricate evidence, or otherwise make a false statement to cause or bring about such conviction or the conviction of another, with respect to the crime or crimes under subdivision (1) of this section, except that a guilty plea, a confession, or an admission, coerced by law enforcement and later found to be false, does not constitute bringing about his or her own conviction of such crime or crimes.
Source
Laws 2009, LB260, § 3.
Annotations
Actual innocence under the Wrongful Conviction and Imprisonment Act is akin to factual innocence, while a self-defense claim is relevant to a claim of legal innocence. Marie v. State, 302 Neb. 217, 922 N.W.2d 733 (2019).
Claim preclusion is inapplicable in cases under the Wrongful Conviction and Imprisonment Act. Marie v. State, 302 Neb. 217, 922 N.W.2d 733 (2019).
A defendant alleging a wrongful conviction claim pursuant to this section must plead more than lack of intent to establish "actual innocence of the crime." Nadeem v. State, 298 Neb. 329, 904 N.W.2d 244 (2017).
The term "false statement" as used in this section does not mean a statement that is factually incorrect; a factually inaccurate statement made by one who believes it is true is not a "false statement." Dean v. State, 288 Neb. 530, 849 N.W.2d 138 (2014).
Subdivision (2) of this section addresses "legal innocence": the absence of one or more procedural or legal bases to support the sentence given a defendant. Hess v. State, 287 Neb. 559, 843 N.W.2d 648 (2014).
Subdivision (3) of this section addresses "actual innocence": the absence of facts that are prerequisites for the sentence given to a defendant. Hess v. State, 287 Neb. 559, 843 N.W.2d 648 (2014).
This section does not provide for the appointment of counsel. Hess v. State, 287 Neb. 559, 843 N.W.2d 648 (2014).
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-4604 - Recovery of damages; determination of amount; restrictions.

29-4604.
Recovery of damages; determination of amount; restrictions.
(1) A claimant under the Nebraska Claims for Wrongful Conviction and Imprisonment Act shall recover damages found to proximately result from the wrongful conviction and that have been proved based upon a preponderance of the evidence.
(2) The following costs shall not offset damages:
(a) Costs of imprisonment; and
(b) Value of any care or education provided to the claimant while he or she was imprisoned.
(3) No damages shall be payable to the claimant for any period of time during which he or she was concurrently imprisoned for any unrelated criminal offense.
(4) In no case shall damages awarded under the act exceed five hundred thousand dollars per claimant per occurrence.
(5) A claimant's cause of action under the act shall not be assignable and shall not survive the claimant's death.
Source
Laws 2009, LB260, § 4.
Annotations
Where damages are subject to a statutory cap, the determination of damages is a two-stage process which involves an initial factual determination of the actual damages sustained by the injured party and then a legal application of the statutory cap if the actual damages exceed the statutory maximum recoverable amount. Dean v. State, 288 Neb. 530, 849 N.W.2d 138 (2014).
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-4605 - Extinguishment of lien for costs of defense services.

29-4605.
Extinguishment of lien for costs of defense services.
If the court finds that any property of the claimant was subjected to a lien to recover costs of defense services rendered by the state to defend the claimant in connection with the criminal case that resulted in his or her wrongful conviction, the court shall extinguish the lien.
Source
Laws 2009, LB260, § 5.
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-4606 - Provision of services to claimant; how treated.

29-4606.
Provision of services to claimant; how treated.
Nothing contained in the Nebraska Claims for Wrongful Conviction and Imprisonment Act shall preclude the state from providing services to the claimant upon exoneration, and the reasonable value of services provided shall be treated as an advance against any award or judgment under the act.
Source
Laws 2009, LB260, § 6.
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-4607 - Filing of claim.

29-4607.
Filing of claim.
A claim brought pursuant to the Nebraska Claims for Wrongful Conviction and Imprisonment Act shall be filed under the State Tort Claims Act.
Source
Laws 2009, LB260, § 7.
Cross References
State Tort Claims Act, see section 81-8,235.
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-4608 - Claimant; rights; recovery under act; effect.

29-4608.
Claimant; rights; recovery under act; effect.
Nothing in the Nebraska Claims for Wrongful Conviction and Imprisonment Act shall limit the claimant from making any other claim available against any other party or based upon any other theory of recovery, except that a claimant who recovers a claim under the act shall not have any other claim against the state based upon any other theory of recovery or law.
Source
Laws 2009, LB260, § 8.
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-4701 - Terms, defined.

29-4701.
Terms, defined.
For purposes of sections 29-4701 to 29-4706:
(1) Benefit means any plea bargain, bail consideration, reduction or modification of sentence, or any other leniency, immunity, financial payment, reward, or amelioration of current or future conditions of incarceration that has been requested by the jailhouse informant or that has been offered or may be offered in the future to the jailhouse informant in connection with his or her testimony in the criminal proceeding in which the prosecutor intends to call him or her as a witness; and
(2) Jailhouse informant means a person who offers testimony about statements made by a suspect or defendant while the suspect or defendant and jailhouse informant were in the custody of any jail or correctional institution and who has requested or received or may in the future receive a benefit in connection with such testimony.
Source
Laws 2019, LB352, § 1.
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-4703 - Prosecutor's office; duties.

29-4703.
Prosecutor's office; duties.
Each prosecutor's office shall undertake measures to maintain a searchable record of:
(1) Each case in which:
(a) Trial testimony is offered or provided by a jailhouse informant against a suspect's or defendant's interest; or
(b) A statement from a jailhouse informant against a suspect's or defendant's interest is used and a criminal conviction is obtained; and
(2) Any benefit requested by or offered or provided to a jailhouse informant in connection with such statement or trial testimony.
Source
Laws 2019, LB352, § 3.
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-4704 - Disclosures required; deadline; redaction of information; prosecutor; duties.

29-4704.
Disclosures required; deadline; redaction of information; prosecutor; duties.
(1) Except as provided in subsection (3) of this section, if a prosecutor intends to use the testimony or statement of a jailhouse informant at a defendant's trial, the prosecutor shall disclose to the defense:
(a) The known criminal history of the jailhouse informant;
(b) Any benefit requested by or offered or provided to a jailhouse informant or that may be offered or provided to the jailhouse informant in the future in connection with such testimony;
(c) The specific statements allegedly made by the defendant against whom the jailhouse informant will testify or provide a statement and the time, place, and manner of the defendant's disclosures;
(d) The case name and jurisdiction of any criminal case known to the prosecutor in which the jailhouse informant testified or a prosecutor intended to have the jailhouse informant testify about statements made by another suspect or criminal defendant that were disclosed to the jailhouse informant and whether the jailhouse informant requested, was offered, or received any benefit in exchange for or subsequent to such testimony; and
(e) Any occasion known to the prosecutor in which the jailhouse informant recanted testimony about statements made by another suspect or defendant that were disclosed to the jailhouse informant and any transcript or copy of such recantation.
(2) The prosecutor shall disclose the information described in subsection (1) of this section to the defense as soon as practicable after discovery, but no later than thirty days before trial. If the prosecutor seeks to introduce the testimony of a jailhouse informant that was not known until after such deadline, or if the information described in subsection (1) of this section could not have been discovered or obtained by the prosecutor with the exercise of due diligence at least thirty days before the trial or other criminal proceeding, the court may permit the prosecutor to disclose the information as soon as is practicable after the thirty-day period.
(3) If the court finds by clear and convincing evidence that disclosing information listed in subsection (1) of this section will result in the possibility of bodily harm to a jailhouse informant or that a jailhouse informant will be coerced, the court may permit the prosecutor to redact some or all of such information.
(4) If, at any time subsequent to the deadline in subsection (2) of this section, the prosecutor discovers additional material required to be disclosed under subsection (1) of this section, the prosecutor shall promptly:
(a) Notify the court of the existence of the additional material; and
(b) Disclose such material to the defense, except as provided in subsection (3) of this section.
Source
Laws 2019, LB352, § 4.
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-4705 - Jailhouse informant receiving leniency; notice to victim.

29-4705.
Jailhouse informant receiving leniency; notice to victim.
If a jailhouse informant receives leniency related to a pending charge, a conviction, or a sentence for a crime against a victim as defined in section 29-119, in connection with offering or providing testimony against a suspect or defendant, the prosecutor shall notify such victim. Prior to reaching a plea agreement, the prosecutor shall proceed as provided in subsection (1) of section 23-1201. For purposes of this section, leniency means any plea bargain, reduced or dismissed charges, bail consideration, or reduction or modification of sentence.
Source
Laws 2019, LB352, § 5.
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-4706 - Court orders authorized.

29-4706.
Court orders authorized.
If, at any time during the course of the proceedings, it is brought to the attention of the court that the prosecutor has failed to comply with section 29-4704, or an order issued pursuant to this section, the court may:
(1) Order the prosecutor to disclose materials not previously disclosed;
(2) Grant a continuance;
(3) Prohibit the prosecutor from calling a witness not disclosed or introducing in evidence the material not disclosed; or
(4) Enter such other order as it deems just under the circumstances.
Source
Laws 2019, LB352, § 6.
2023 Nebraska Revised Statutes › Chapter 30 - Decedents' Estates; Protection of Persons and Property › 30-103.01 - Interest of surviving spouse; determination prior to payment of federal or state estate taxes.

30-103.01.
Interest of surviving spouse; determination prior to payment of federal or state estate taxes.
The interest of any surviving spouse in any estate passing under Chapter 30, article 23, parts 1, 2, and 4, shall be determined prior to the payment of any federal or state estate taxes, and shall not be subject to or diminished by any debt or charge against such estate by reason of any such federal or state estate tax.
Source
Laws 1953, c. 95, § 2, p. 270;
Laws 1972, LB 1123, § 1;
Laws 1977, LB 10, § 1.
Cross References
For state estate and generation-skipping transfer taxes, see Chapter 77, article 21.
2023 Nebraska Revised Statutes › Chapter 30 - Decedents' Estates; Protection of Persons and Property › 30-104 - Dower and curtesy, abolished.

30-104.
Dower and curtesy, abolished.
The estates of dower and curtesy are hereby abolished.
Source
Laws 1907, c. 49, § 4, p. 197;
R.S.1913, § 1268;
C.S.1922, § 1223;
C.S.1929, § 30-104;
R.S.1943, § 30-104.
Annotations
Surviving husband is heir of deceased wife as to personal property. In re Hanson's Estate, 118 Neb. 208, 224 N.W. 2 (1929).
Interest of wife in property of her husband is cut off by foreclosure against her husband without making her a party to foreclosure. Filley v. Dickinson, 110 Neb. 356, 193 N.W. 914 (1923).
If the widow made no claim for dower under former statute and dower was not assigned, she has no interests in property, which was sold during her lifetime, to convey by will. Dovey v. Schlater, 104 Neb. 108, 175 N.W. 888 (1919).
Husband and wife are placed upon exact equality as to the rights of each in the property of the other. Richardson v. Johnson, 97 Neb. 749, 151 N.W. 314 (1915).
2023 Nebraska Revised Statutes › Chapter 30 - Decedents' Estates; Protection of Persons and Property › 30-121 - Simultaneous death with no sufficient evidence of survivorship.

30-121.
Simultaneous death with no sufficient evidence of survivorship.
Where the title to property or the devolution thereof depends upon priority of death and there is no sufficient evidence that the persons have died otherwise than simultaneously, the property of each person shall be disposed of as if he had survived, except as provided otherwise in sections 30-121 to 30-128.
Source
Laws 1947, c. 112, § 1, p. 305.
2023 Nebraska Revised Statutes › Chapter 30 - Decedents' Estates; Protection of Persons and Property › 30-122 - Simultaneous death of beneficiaries of another person's disposition of property.

30-122.
Simultaneous death of beneficiaries of another person's disposition of property.
Where two or more beneficiaries are designated to take successively by reason of survivorship under another person's disposition of property and there is no sufficient evidence that these beneficiaries have died otherwise than simultaneously the property thus disposed of shall be divided into as many equal portions as there are successive beneficiaries and these portions shall be distributed respectively to those who would have taken in the event that each designated beneficiary had survived.
Source
Laws 1947, c. 112, § 2, p. 306.
2023 Nebraska Revised Statutes › Chapter 30 - Decedents' Estates; Protection of Persons and Property › 30-123 - Simultaneous death of joint tenants.

30-123.
Simultaneous death of joint tenants.
Where there is no sufficient evidence that two joint tenants have died otherwise than simultaneously the property so held shall be distributed one-half as if one had survived and one-half as if the other had survived. If there are more than two joint tenants and all of them have so died the property thus distributed shall be in the proportion that one bears to the whole number of joint tenants.
Source
Laws 1947, c. 112, § 3, p. 306.
2023 Nebraska Revised Statutes › Chapter 30 - Decedents' Estates; Protection of Persons and Property › 30-124 - Simultaneous death of insured and beneficiary of insurance policy.

30-124.
Simultaneous death of insured and beneficiary of insurance policy.
Where the insured and the beneficiary in a policy of life or accident insurance have died and there is no sufficient evidence that they have died otherwise than simultaneously, the proceeds of the policy shall be distributed as if the insured had survived the beneficiary.
Source
Laws 1947, c. 112, § 4, p. 306.
2023 Nebraska Revised Statutes › Chapter 30 - Decedents' Estates; Protection of Persons and Property › 30-125 - Simultaneous death; sections not retroactive.

30-125.
Simultaneous death; sections not retroactive.
Sections 30-121 to 30-128 shall not apply to the distribution of the property of a person who has died before it takes effect.
Source
Laws 1947, c. 112, § 5, p. 306.
2023 Nebraska Revised Statutes › Chapter 30 - Decedents' Estates; Protection of Persons and Property › 30-126 - Simultaneous death; sections not applicable if decedent provides otherwise.

30-126.
Simultaneous death; sections not applicable if decedent provides otherwise.
Sections 30-121 to 30-128 shall not apply in the case of wills, living trusts, deeds, or contracts of insurance wherein provision has been made for distribution of property different from the provisions of sections 30-121 to 30-128.
Source
Laws 1947, c. 112, § 6, p. 306.
2023 Nebraska Revised Statutes › Chapter 30 - Decedents' Estates; Protection of Persons and Property › 30-127 - Simultaneous death; sections, how construed.

30-127.
Simultaneous death; sections, how construed.
Sections 30-121 to 30-128 shall be so construed and interpreted as to effectuate their general purpose to make uniform the law in those states which enact them.
Source
Laws 1947, c. 112, § 7, p. 306.
2023 Nebraska Revised Statutes › Chapter 30 - Decedents' Estates; Protection of Persons and Property › 30-128 - Act, how cited.

30-128.
Act, how cited.
Sections 30-121 to 30-128 may be cited as the Uniform Simultaneous Death Act.
Source
Laws 1947, c. 112, § 8, p. 306.
2023 Nebraska Revised Statutes › Chapter 30 - Decedents' Estates; Protection of Persons and Property › 30-201 - Act, how cited; terms, defined.

30-201.
Act, how cited; terms, defined.
Sections 30-201 to 30-209 shall be known and may be cited as the Uniform Wills Recognition Act (1977).
In the Uniform Wills Recognition Act (1977):
(1) International will means a will executed in conformity with sections 30-202 to 30-205; and
(2) Authorized person and person authorized to act in connection with international wills mean a person who by section 30-209, or by the laws of the United States including members of the diplomatic and consular service of the United States designated by Foreign Service Regulations, is empowered to supervise the execution of international wills.
Source
Laws 2020, LB966, § 1.
2023 Nebraska Revised Statutes › Chapter 30 - Decedents' Estates; Protection of Persons and Property › 30-202 - International will; validity.

30-202.
International will; validity.
(a) A will is valid as regards form, irrespective particularly of the place where it is made, of the location of the assets, and of the nationality, domicile, or residence of the testator, if it is made in the form of an international will complying with the requirements of the Uniform Wills Recognition Act (1977).
(b) The invalidity of the will as an international will shall not affect its formal validity as a will of another kind.
(c) The Uniform Wills Recognition Act (1977) shall not apply to the form of testamentary dispositions made by two or more persons in one instrument.
Source
Laws 2020, LB966, § 2.
2023 Nebraska Revised Statutes › Chapter 30 - Decedents' Estates; Protection of Persons and Property › 30-203 - International will; requirements.

30-203.
International will; requirements.
(a) The will shall be made in writing. It need not be written by the testator personally. It may be written in any language, by hand or by any other means.
(b) The testator shall declare in the presence of two witnesses and of a person authorized to act in connection with international wills that the document is the testator's will and that the testator knows the contents thereof. The testator need not inform the witnesses, or the authorized person, of the contents of the will.
(c) In the presence of the witnesses, and of the authorized person, the testator shall sign the will or, if the testator has previously signed it, shall acknowledge the testator's signature.
(d) When the testator is unable to sign, the absence of the testator's signature does not affect the validity of the international will if the testator indicates the reason for the testator's inability to sign and the authorized person makes note thereof on the will. In these cases, it is permissible for any other person present, including the authorized person or one of the witnesses, at the direction of the testator, to sign the testator's name for the testator, if the authorized person makes note of this also on the will, but it is not required that any person sign the testator's name for the testator.
(e) The witnesses and the authorized person shall there and then attest the will by signing in the presence of the testator.
Source
Laws 2020, LB966, § 3.
2023 Nebraska Revised Statutes › Chapter 30 - Decedents' Estates; Protection of Persons and Property › 30-204 - International will; other points of form.

30-204.
International will; other points of form.
(a) The signatures shall be placed at the end of the will. If the will consists of several sheets, each sheet will be signed by the testator or, if the testator is unable to sign, by the person signing on the testator's behalf or, if there is no such person, by the authorized person. In addition, each sheet shall be numbered.
(b) The date of the will shall be the date of its signature by the authorized person. That date shall be noted at the end of the will by the authorized person.
(c) The authorized person shall ask the testator whether the testator wishes to make a declaration concerning the safekeeping of the testator's will. If so and at the express request of the testator, the place where the testator intends to have the testator's will kept shall be mentioned in the certificate provided for in section 30-205.
(d) A will executed in compliance with section 30-203 is not invalid merely because it does not comply with this section.
Source
Laws 2020, LB966, § 4.
2023 Nebraska Revised Statutes › Chapter 30 - Decedents' Estates; Protection of Persons and Property › 30-205 - International will; certificate.

30-205.
International will; certificate.
The authorized person shall attach to the will a certificate to be signed by the authorized person establishing that the requirements of the Uniform Wills Recognition Act (1977) for valid execution of an international will have been complied with. The authorized person shall keep a copy of the certificate and deliver another to the testator. The certificate shall be substantially in the following form:
CERTIFICATE
(Convention of October 26, 1973)
1. I, .................... (name, address, and capacity), a person authorized to act in connection with international wills
2. Certify that on .............. (date) at ................... (place)
3. (testator) ......................................... (name, address, date, and place of birth) in my presence and that of the witnesses
4. (a) .............................. (name, address, date, and place of birth)
(b) .............................. (name, address, date, and place of birth)
has declared that the attached document is the testator's will and that the testator knows the contents thereof.
5. I furthermore certify that:
6. (a) in my presence and in that of the witnesses
(1) the testator has signed the will or has acknowledged the testator's signature previously affixed.
*(2) following a declaration of the testator stating that the testator was unable to sign the testator's will for the following reason ........................................., and I have mentioned this declaration on the will
*and the signature has been affixed by ...................................... (name, address)
7. (b) the witnesses and I have signed the will;
8. *(c) each page of the will has been signed by ........................ and numbered;
9. (d) I have satisfied myself as to the identity of the testator and of the witnesses as designated above;
10. (e) the witnesses met the conditions requisite to act as such according to the law under which I am acting;
11. *(f) the testator has requested me to include the following statement concerning the safekeeping of the testator's will:
.................................................................
12. PLACE ................................................
13. DATE ................................................
14. SIGNATURE ................................................
and, if necessary, SEAL
*to be completed if appropriate
Source
Laws 2020, LB966, § 5.
2023 Nebraska Revised Statutes › Chapter 30 - Decedents' Estates; Protection of Persons and Property › 30-206 - International will; effect of certificate.

30-206.
International will; effect of certificate.
In the absence of evidence to the contrary, the certificate of the authorized person shall be conclusive of the formal validity of the instrument as a will under the Uniform Wills Recognition Act (1977). The absence or irregularity of a certificate shall not affect the formal validity of a will under the act.
Source
Laws 2020, LB966, § 6.
2023 Nebraska Revised Statutes › Chapter 30 - Decedents' Estates; Protection of Persons and Property › 30-208 - Source and construction.

30-208.
Source and construction.
Sections 30-201 to 30-207 derive from Annex to Convention of October 26, 1973, Providing a Uniform Law on the Form of an International Will. In interpreting and applying the Uniform Wills Recognition Act (1977), regard shall be had to its international origin and to the need for uniformity in its interpretation.
Source
Laws 2020, LB966, § 8.
2023 Nebraska Revised Statutes › Chapter 30 - Decedents' Estates; Protection of Persons and Property › 30-209 - Persons authorized to act in relation to international will; eligibility; recognition by authorizing agency.

30-209.
Persons authorized to act in relation to international will; eligibility; recognition by authorizing agency.
Individuals who have been admitted to practice law before the courts of this state and who are in good standing as active law practitioners in this state, are hereby declared to be authorized persons in relation to international wills.
Source
Laws 2020, LB966, § 9.
2023 Nebraska Revised Statutes › Chapter 30 - Decedents' Estates; Protection of Persons and Property › 30-241 - Devise to state; acceptance; Governor; when.

30-241.
Devise to state; acceptance; Governor; when.
With the exception of lands, money, or other property devised or bequeathed to this state for educational purposes which are controlled by Article VII, section 9, of the Constitution of Nebraska, and except as provided in section 81-1108.33, the Governor, on behalf of the State of Nebraska, is authorized to accept devises of real estate or bequests of personal property, or both, made to the State of Nebraska, or any department or agency thereof, if in his or her judgment, under the terms on which such devise or bequest is made, it is for the best interests of the State of Nebraska to accept the same.
Source
Laws 1951, c. 89, § 1, p. 254;
Laws 1996, LB 894, § 1;
Laws 2011, LB264, § 2.
2023 Nebraska Revised Statutes › Chapter 30 - Decedents' Estates; Protection of Persons and Property › 30-242 - Devise to state; acceptance; Governor; designation of department or agency.

30-242.
Devise to state; acceptance; Governor; designation of department or agency.
The Governor, upon acceptance of any devise or bequest as provided in section 30-241, shall designate and assign to the appropriate department or agency of the state the duty of administering and carrying out such devise or bequest in accordance with the terms and conditions thereof.
Source
Laws 1951, c. 89, § 2, p. 255.
2023 Nebraska Revised Statutes › Chapter 30 - Decedents' Estates; Protection of Persons and Property › 30-243 - Devise to state; money; deposited with State Treasurer.

30-243.
Devise to state; money; deposited with State Treasurer.
All money received from any such devise or bequest shall be deposited with the State Treasurer for disposition as may be provided in the devise or bequest.
Source
Laws 1951, c. 89, § 3, p. 255.
2023 Nebraska Revised Statutes › Chapter 30 - Decedents' Estates; Protection of Persons and Property › 30-333 - Probate, administration, guardianship; subjects of foreign countries interested; notice to consular representative; when required.

30-333.
Probate, administration, guardianship; subjects of foreign countries interested; notice to consular representative; when required.
Whenever, upon the filing of a petition for probate, administration or guardianship, or thereafter in the administration of any estate, it shall appear that subjects of any foreign country are or may be interested, either as heirs at law, devisees, legatees or otherwise, the county judge shall at once notify by mail the consular representative of such country for Nebraska of the pendency of such administration and of the probable interests of such foreign subjects;
Provided,
that such consular representative files his address with the county judge. This section shall in no way affect title to real estate.
Source
Laws 1923, c. 42, § 1, p. 157;
C.S.1929, § 30-331;
R.S.1943, § 30-333.
2023 Nebraska Revised Statutes › Chapter 30 - Decedents' Estates; Protection of Persons and Property › 30-401 - Terms, defined.

30-401.
Terms, defined.
For purposes of sections 30-401 to 30-406:
(1) Agent of the ward includes any person appointed as an agent under a power of attorney executed by or on behalf of a ward or which purports to have been executed by or on behalf of a ward;
(2) Conservator or guardian includes a special fiduciary appointed by a court to investigate the actions of an agent of the ward, the conservator, or the guardian;
(3) Personal representative includes a special administrator; and
(4) Ward means an incapacitated person or a protected person as defined in section 30-2601.
Source
Laws 2015, LB43, § 3.
2023 Nebraska Revised Statutes › Chapter 30 - Decedents' Estates; Protection of Persons and Property › 30-402 - Property, claims, or rights of deceased or ward; interested person establish; complaint; effect.

30-402.
Property, claims, or rights of deceased or ward; interested person establish; complaint; effect.
If a personal representative, heir, devisee, creditor, or other person interested in the estate of any deceased person or a conservator or guardian for a ward complains to the judge of the county court, upon an application under oath given on information and belief, that (1) any person may have concealed, embezzled, carried away, or disposed of any money or personal property of the deceased or the ward, (2) such person may have in his or her possession or knowledge any deeds, conveyances, bonds, contracts, or other writings, which contain evidence of or tend to disclose the right, title, interest, or claim of the deceased or the ward to any real or personal estate or any claim or demand, (3) such person may have in his or her possession any will of the deceased or any power of attorney, advance health care directive, or power of attorney for health care decisions executed by the ward, or (4) such person may have information or knowledge withheld by the respondent from the personal representative, conservator, or guardian and needed by the personal representative, conservator, or guardian for the recovery of any property by suit or otherwise, the judge may cite such person to appear before the court of probate. Any personal representative, heir, devisee, creditor, conservator, guardian, or other person interested in the estate of such deceased person or the ward may examine such person under oath upon the matter of such complaint or direct interrogatories to him or her. The citation may also direct the person cited to bring with him or her, for examination by the judge and parties interested, any such documents or writings, or any will of the deceased, which may be in his or her possession or under his or her control.
Source
Laws 1978, LB 650, § 24;
R.S.1943, (2008), § 30-3002;
Laws 2015, LB43, § 4.
2023 Nebraska Revised Statutes › Chapter 30 - Decedents' Estates; Protection of Persons and Property › 30-403 - Complaint; person cited; failure to comply; penalty.

30-403.
Complaint; person cited; failure to comply; penalty.
If the person cited under section 30-402 refuses (1) to appear and submit to such examination, (2) to answer such interrogatories as may be put to him or her touching the matter of such complaint, or (3) to bring with him or her any of the documents or writings set forth in the citation which may be in his or her possession or control, the court may, by warrant, commit such person to the county jail of the county to remain in custody until he or she submits to the order of the court. All such interrogatories and answers shall be in writing, shall be signed by the party examined, and shall be filed in the county court.
Source
Laws 1978, LB 650, § 25;
R.S.1943, (2008), § 30-3003;
Laws 2015, LB43, § 5.
2023 Nebraska Revised Statutes › Chapter 30 - Decedents' Estates; Protection of Persons and Property › 30-404 - Person entrusted with part of the estate; complaint; account; failure to account; penalty.

30-404.
Person entrusted with part of the estate; complaint; account; failure to account; penalty.
The judge of the county court, upon the complaint under oath of any personal representative, may cite any person who has been entrusted by such personal representative with any part of the estate of the deceased person to appear before such court and may require such person to render under oath a full account of any money, goods, chattels, bonds, accounts, or other papers belonging to such estate which have come into his or her possession, in trust for such personal representative, and of his or her proceedings thereon. If a person so cited refuses to appear and render such account, the court may proceed against such person as provided in section 30-403.
Source
Laws 1978, LB 650, § 26;
R.S.1943, (2008), § 30-3004;
Laws 2015, LB43, § 6.