In re Estate of Gsantner, 846 N.W.2d 646

Decedent Jack H. Gsantner died intestate in 2012; mortuary (managed by Ryan Gray) paid funeral and sought appointment to recover as creditor; Gray was informally then formally appointed personal representative.
Initial estate estimate was ~$127,400, but Gray later discovered additional assets and a will; final gross estate valued at $5,180,514.23.
Gray petitioned for probate and requested fees equal to 5% of the gross estate (split equally between attorney and personal representative fees); five heirs objected as excessive and an evidentiary hearing was set.
Before the hearing, the court awarded a partial personal representative fee of $17,500; after the hearing the court awarded Gray a total personal representative fee of $25,000 (≈ $62.50/hour based on ~400 hours claimed).
Gray moved to alter or amend, sought to admit a time log he believed had not been received, and the court overruled the motion; Gray appealed the $25,000 award and the denial of reconsideration.

Issue	Gray's Argument	Appellees' Argument	Held
Whether the order awarding a $25,000 personal representative fee was a final, appealable order under Neb. Rev. Stat. § 25-1902	The fee order finally determined Gray’s statutory right to reasonable compensation and thus affected a substantial right, making it final	The order did not affect a substantial right of the estate and Gray’s interest is vicarious/ancillary, so it is not appealable	Order was final: Gray’s independent statutory right to compensation was finally determined and thus the appellate court had jurisdiction
Whether the $25,000 fee awarded was unreasonable under Neb. Rev. Stat. § 30-2480 and § 30-2482(2) factors	The award ignored evidence supporting a significantly higher fee (1–3% of estate or $150–$225/hour), and Gray performed complex, extensive work (~400+ hours) deserving greater compensation	Evidence showed estate was relatively liquid, Gray was a lay representative, customary compensation for such lay work is much lower; $25,000 was reasonable	Affirmed: trial court’s award was supported by competent evidence, applied statutory guide factors, and was not arbitrary, capricious, or unreasonable

Pinnacle Enters. v. City of Papillion, 286 Neb. 322 (jurisdictional questions presenting legal issues)
Krings v. Garfield Cty. Bd. of Equal., 286 Neb. 352 (standard for reviewing errors appearing on the record)
In re Estate of McKillip, 284 Neb. 367 (definition of substantial right under § 25-1902 in probate proceedings)
In re Adoption of Amea R., 282 Neb. 751 (distinguishing vicarious/representative interests from direct substantial rights)
In re Estate of Failla, 278 Neb. 770 (appeals under Nebraska Probate Code reviewed for error on the record)
In re Estate of Lehman, 135 Neb. 592 (historical treatment of partial executor/executor fee awards as interlocutory)