In re Estate of Fuchs, 297 Neb. 667

Gilbert died May 29, 2012, survived by four children (Jim, Joseph, Julie, Jason). No will was found during initial searches of Gilbert’s disorganized homes and vehicles.
On June 12, 2012, Jim and Joseph filed an application for informal appointment as copersonal representatives of Gilbert’s intestate estate, alleging diligent search revealed no unrevoked will; they were appointed.
On July 8, 2015, Joseph received by mail a 1987 will leaving the estate to Jim; Jim filed for formal probate July 15, 2015 (more than 3 years after death).
Julie and Jason objected, moved for summary judgment, and argued Jim’s probate petition was time barred by Neb. Rev. Stat. § 30-2408, and alternatively that estoppel and prior distributions precluded probate.
The district court granted summary judgment for the objectors, finding the § 30-2408 three-year limit barred Jim’s late probate and that Jim failed to prove equitable estoppel or tolling.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Does § 30-2408’s 3-year bar apply when an earlier informal probate was commenced but not completed?	Jim: prior proceeding must have fully adjudicated rights before it can bar the § 30-2408(4) exception.	Objectors: any prior formal or informal proceeding that "occurred" within 3 years bars the late-filed petition.	Court: "occur" means begun/commenced; the mere occurrence of a prior proceeding within 3 years bars the exception — petition time barred.
Equitable estoppel based on alleged suppression of the will	Jim: someone suppressed the will until after 3-year period; objectors should be estopped from asserting the statute.	Objectors: no evidence they concealed or knew of the will; no false representation.	Court: Jim failed to prove concealment, knowledge, intent, or detrimental reliance; estoppel not shown.
Equitable tolling of the 3-year limitation	Jim: chaotic estate and late discovery justify tolling.	Objectors: no extraordinary restraint prevented timely filing; Jim initiated proceedings promptly.	Court: equitable tolling requires due diligence and an extraordinary impediment; none shown here — tolling denied.

Thomas v. Board of Trustees, 296 Neb. 726 (summary judgment standard and appellate review of facts)
Clarke v. First Nat. Bank of Omaha, 296 Neb. 632 (interpretation of § 30-2408 and limitations under Nebraska Probate Code)
In re Estate of Nemetz, 273 Neb. 918 (discussion of § 30-2408 exceptions when no prior proceeding was commenced)
In re Estate of Harris, 379 Mont. 474 (Montana court construing a similar UPC three-year rule and exception)
Bryan M. v. Anne B., 292 Neb. 725 (elements of equitable estoppel)
Macke v. Jungels, 102 Neb. 123 (equitable tolling when plaintiff restrained from bringing claim)