Insolvent Probate Estate Claim-Payment Priority in Nebraska

Short answer Nebraska pays insufficient estates through six statutory claim classes, starting with administration expenses and ending with all other claims. Homestead, family, and exempt-property allowances receive separate priority, subject to the statute's administration-cost and Department of Health and Human Services exceptions. Claims within one class have equal rank.
State
Nebraska
Statute checked
October 5, 2026
Sources
6 statutes

At a glance

Statutory payment orderSix claim classes; provide for allowances before paying allowed claims (§§ 30-2487, 30-2489).
Administration costsClass 1; includes asset protection, sale, and estate-business expenses (§ 30-2487(a)(1),(c)).
Funeral and last illnessReasonable funeral class 2; necessary last-illness care class 4 (§ 30-2487(a)(2),(4)).
Family and homestead allowancesHomestead and family allowances outrank claims except administration; exempt-property right also yields to specified DHHS claims (§§ 30-2322–2324).
Taxes and public claimsFederal preferences class 3; other Nebraska preferences class 5; specified DHHS claims class 4 (§ 30-2487(a)(3)–(5)).
Secured claimsSurrender collateral for full allowed amount; otherwise deduct its value (§ 30-2491).
Support and special debtsSpecified DHHS § 68-919 claims join last-illness class; family support is a separate allowance (§§ 30-2487(a)(4), 30-2324).
General claimsAll remaining claims are class 6 (§ 30-2487(a)(6)).
Underfunded classNo preference within one class, even for a currently due claim (§ 30-2487(b)).

Requirements one by one

Administration and the claim order

Under § 30-2487(c), administration expenses include taking control of and protecting estate assets, selling them, and continuing an estate business for the estate's benefit. Under § 30-2489, the representative reserves for unresolved and still-presentable claims before paying allowed claims after the creditor-notice period.

Allowances outside the claim ladder

Under § 30-2322, the homestead allowance precedes claims other than administration expenses. Under § 30-2324, the family allowance has similar priority but follows the homestead allowance too. Under § 30-2323, the exempt-property right yields to administration expenses and specified Department of Health and Human Services claims. A deficiency made up from other assets also yields as necessary for homestead and family allowances.

Secured claims

Under § 30-2491, surrendering security uses the entire allowed claim as the payment basis. Otherwise the statute deducts the collateral's value under the applicable route. The six classes do not themselves decide the validity of a lien.

What trips people up

Section 30-2487(a)(4) puts claims filed by the Department of Health and Human Services under § 68-919 in the last-illness class; § 30-2323 gives those claims a separate exception to exempt-property priority. The state code also sets higher homestead and exempt-property allowance amounts for deaths beginning January 1, 2027 (§§ 30-2322–2323); the amounts are covered in the allowance survey, while the payment-priority rules stated here remain the same.

Common questions

Are funeral and last-illness expenses in the same class? No. Section 30-2487(a)(2),(4) places them in classes two and four.

Does a claim already due outrank a claim due later in the same class? No. Section 30-2487(b) rejects that preference.

Statutes and sources

  • Neb. Rev. Stat. §§ 30-2487, 30-2489, 30-2491, and 30-2322–2324. Verbatim official text, section URLs, and access dates appear in the source fields above.

Source links

Every statute quoted above, linked, with the date we checked it.

Neb. Rev. Stat. § 30-2487 · accessed 2026-10-05
Neb. Rev. Stat. § 30-2489 · accessed 2026-10-05
Neb. Rev. Stat. § 30-2491 · accessed 2026-10-05
Neb. Rev. Stat. § 30-2322 · accessed 2026-10-05
Neb. Rev. Stat. § 30-2323 · accessed 2026-10-05
Neb. Rev. Stat. § 30-2324 · accessed 2026-10-05
This page summarizes statutory probate payment priorities, not advice about a specific estate or claim. Claim validity, federal law, liens, and court orders can change the result. Check current official law and consult a licensed adviser before acting.

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