In re Estate of Carroll M. Anderson

Summary

The Nebraska Supreme Court held that an order denying a request for appointment of a special administrator and a restraining order against a personal representative is a final, appealable order. The court further held that transferring a will contest to the district court does not divest the county court of jurisdiction to protect and administer the estate during the contest. The order was reversed and the case remanded for further proceedings.

Holdings

1. An order denying a request under Neb. Rev. Stat. § 30-2457 for appointment of a special administrator and a concurrent request for an order restraining the personal representative is a final, appealable order because it affects a substantial right.
2. Transfer of a will contest to district court under Neb. Rev. Stat. § 30-2429.01 does not divest the county court of its original probate jurisdiction to decide the merits of a petition for a special administrator and a restraining order protecting the estate during the contest.

Questions Presented

1. Whether the county court's order denying requests for appointment of a special administrator and for a restraining order was a final, appealable order affecting a substantial right.
2. Whether transferring a will contest to district court under Neb. Rev. Stat. § 30-2429.01 divested the county court of jurisdiction to decide requests for a special administrator and a restraining order protecting the estate during the contest.

Disposition

reversed_and_remanded