1. Presenting or filing claim
1. Presenting or filing claim
Mere notice to a representative of an estate regarding a possible demand or claim against the estate does not constitute presenting or filing a claim under this section. J.R. Simplot Co. v. Jelinek, 275 Neb. 548, 748 N.W.2d 17 (2008); In re Estate of Feuerhelm, 215 Neb. 872, 341 N.W.2d 342 (1983).
Giving the language in this section a consistent, harmonious, and sensible construction, it is apparent that the filing of a claim is a separate and distinct act from the initiation of a legal proceeding to pursue payment of the claim. Therefore, the filing of a claim does not commence an action and does not in and of itself require the services of an attorney. In re Estate of Cooper, 275 Neb. 297, 746 N.W.2d 653 (2008).
The filing of a statement of claim is an administrative step by which the personal representative is advised, in accordance with the probate statutes, of the identities of the creditors and the amounts of their claims. In re Estate of Cooper, 275 Neb. 297, 746 N.W.2d 653 (2008).
When a claim presented in the manner described in this section and within the time limit described in section 30-2485 is disallowed by the personal representative, the dissatisfied claimant may, within 60 days of the mailing of notice of the disallowance, commence a proceeding against the personal representative in the district court insofar as the claim relates to matters within the district court's chancery or common-law jurisdiction. Holdrege Co-op Assn. v. Wilson, 236 Neb. 541, 463 N.W.2d 312 (1990).
Implicit in the language "the claimant may file a written statement of the claim . . . ." is the requirement that the creditor to whom the decedent is obligated is the claimant who can present a demand against the estate. J.J. Schaefer Livestock Hauling v. Gretna St. Bank, 229 Neb. 580, 428 N.W.2d 185 (1988); In re Estate of Feuerhelm, 215 Neb. 872, 341 N.W.2d 342 (1983).
The Nebraska Probate Code provides two methods of presenting a claim against a decedent's estate: A claim can be presented by filing a written statement thereof with the clerk of the probate court or by commencing a proceeding against the personal representative in any court which has jurisdiction. Estate of Hansen v. Bergmeier, 20 Neb. App. 458, 825 N.W.2d 224 (2013).
For purposes of any statute of limitations, the proper presentation of a claim is equivalent to commencement of a proceeding on the claim. Lenners v. St. Paul Fire & Marine Ins. Co., 18 Neb. App. 772, 793 N.W.2d 357 (2010).
Although identifying the amount of a claim is not statutorily required, doing so advances the purpose of section 30-2485. In re Estate of Karmazin, 299 Neb. 315, 908 N.W.2d 381 (2018).
If a claim is brought pursuant to the probate claims procedure, the burden is on the claimant seeking compensation to prove that he or she rendered services and the reasonable value thereof. In re Estate of Wagner, 253 Neb. 498, 571 N.W.2d 76 (1997).
While the plaintiffs did voluntarily dismiss a county court action after the nonclaim statute had run and were thus barred from pursuing a claim against the estate, they remained free to proceed against the decedent's insurer to the extent of insurance coverage available. Tank v. Peterson, 214 Neb. 34, 332 N.W.2d 669 (1983).
Section 24-517(1) confers upon the county court exclusive original
jurisdiction of all matters relating to the decedents' estates, including
the probate of wills and the construction thereof, except as provided in
section 30-2464(c) and this section. Lenners v. St. Paul Fire & Marine
Ins. Co., 18 Neb. App. 772, 793 N.W.2d 357 (2010).
Although this section provides authority for a claimant to present a claim against the estate by commencing an action against the personal representative, this section does not provide authority for a claimant to commence an action against a former personal representative who has already been discharged and whose appointment has already been terminated. Mach v. Schmer, 4 Neb. App. 819, 550 N.W.2d 385 (1996).