In re Estate of Severson, 310 Neb. 982

Decedent Ryan Severson died March 26, 2017; no personal representative had been appointed.
On March 1, 2021, creditor Don Feik filed an application in Franklin County for informal appointment of a personal representative to enable service in a related Kearney County auto‑collision suit; he nominated Severson’s mother, Diane Kelly (now Schubert).
Kelly objected, asserting the appointment was time‑barred under Neb. Rev. Stat. § 30‑2408 and that she did not accept appointment; she asked the probate court to dismiss the application.
On March 23, 2021, the probate court appointed Kelly, waived certain administration requirements, and issued letters of personal representative despite no filed statement of acceptance or bond.
Kelly appealed; the Nebraska Supreme Court considered whether the probate order was final and whether issuance of letters without qualification/acceptance was authorized.
The Supreme Court held issuance of letters without qualification/acceptance was unauthorized, reversed the issuance of letters, and remanded for further proceedings.

Issue	Plaintiff's Argument (Feik)	Defendant's Argument (Kelly)	Held
Finality / appellate jurisdiction	Appointment order + issued letters ended a discrete phase and thus is final and appealable	Order not final; appeal improper	Order was final: made in special proceeding and affected a substantial right (appointment + fiduciary duties)
Validity of appointment without acceptance	Court could appoint and issue letters to enable service; implicit authority to proceed	One unwilling to serve cannot be compelled; acceptance/qualification is required before letters	Appointment alone ends phase, but letters cannot be issued absent statutory qualification/acceptance; issuance reversed
Issuance of letters without qualification	Letters were proper as part of appointment to enable litigation service	No acceptance filed; statutes require qualification before issuance	Statute requires qualification (including acceptance) prior to letters; issuance was unauthorized
§ 30‑2408 (3‑year bar to commencing appointment)	Exception in § 30‑2408(4) allows informal appointment when no prior probate occurred within 3 years; proceeding permissible	Proceeding barred by 3‑year limit	Exception applies; commencement was permissible, but scope of claims is limited by statute (court read clause as limiting scope, not commencement)

In re Estate of Beltran, 964 N.W.2d 714 (2021) (applying final‑order analysis in probate special proceedings)
In re Estate of Larson, 953 N.W.2d 535 (2021) (defining "substantial right" and discrete‑phase finality in probate)
In re Guardianship of Nicholas H., 958 N.W.2d 661 (2021) (letters issue only after written acceptance and submission to court's jurisdiction)
Matter of Estate of Cluff, 587 P.2d 128 (Utah 1978) (refusing to compel unwilling person to serve as administrator; acceptance required)
In re Estate of Nemetz, 735 N.W.2d 363 (2007) (interpreting § 30‑2408 to permit tardy informal appointment when no prior proceeding occurred)