In re Estate of Severson, 310 Neb. 982

Ryan Severson died on March 26, 2017; no probate or personal representative had been appointed in Nebraska within three years.
On March 1, 2021, creditor Don Feik filed an application in Franklin County for informal appointment of a personal representative, nominating the decedent’s mother, Diane Kelly (Schubert), so she could be made a defendant in a separate Kearney County tort action.
Kelly objected and asked dismissal, arguing the application was barred by Neb. Rev. Stat. § 30-2408 (three-year rule) and she did not consent to serve.
The county court appointed Kelly “for the purpose of receiving service” and waived certain requirements, then issued letters of personal representative even though Kelly never filed an acceptance or qualified.
Kelly appealed; the Nebraska Supreme Court considered (1) whether the probate order was a final, appealable order, (2) whether letters could be issued without the appointee’s qualification and acceptance, and (3) whether § 30-2408 barred the proceeding.
The Supreme Court held the appointment order was final, concluded issuance of letters without qualification/acceptance was unauthorized, reversed the issuance of letters, and remanded for further proceedings; it also held § 30-2408(4)’s exception permitted commencement of the tardy appointment proceeding (subject to claim limits).

Issue	Feik's Argument	Kelly's Argument	Held
Is the probate appointment order final and appealable?	Not final (Feik argued the order was not appealable)	Order is final because it imposed duties on Kelly	Court: Order was final — it ended a discrete phase and affected a substantial right
May the court issue letters to an appointed personal representative who objects and never accepts/qualifies?	Appointment and letters were appropriate to enable service in tort case	One unwilling to serve cannot be compelled; no acceptance = no qualification = no letters	Court: Acceptance/qualification is required before letters; issuance without qualification unauthorized — reversed and remanded
Is the appointment proceeding barred by the 3-year statute (§ 30-2408)?	§ 30-2408(4) permits informal appointment where no probate occurred within 3 years (limits claims)	Proceeding barred by the 3-year rule	Court: § 30-2408(4) applies — commencement allowed but the clause limits the scope of recoverable claims
Should the court decide other challenges (e.g., savings clause application to Kearney County pleadings)?	Feik urged application of savings clause	Kelly challenged savings clause application	Court: Did not decide remaining assignments; remanded for further proceedings

In re Estate of Beltran, 964 N.W.2d 714 (Neb. 2021) (framework for finality in probate special proceedings)
In re Estate of Larson, 953 N.W.2d 535 (Neb. 2021) (orders ending a discrete phase affect substantial rights)
In re Estate of Radford, 901 N.W.2d 261 (Neb. 2017) (bill of exceptions limits appellate evidence)
In re Guardianship of Nicholas H., 958 N.W.2d 661 (Neb. 2021) (acceptance required before issuance of guardianship letters)
Matter of Estate of Cluff, 587 P.2d 128 (Utah 1978) (court may not compel an unwilling person to serve as administrator)
In re Estate of Nemetz, 735 N.W.2d 363 (Neb. 2007) (construction of § 30-2408 exception)
State ex rel. Peterson v. Ebke, 930 N.W.2d 551 (Neb. 2019) (courts should not issue advisory opinions)
In re Estate of Hutton, 946 N.W.2d 669 (Neb. 2020) (avoid unnecessary legal analysis)