Probate Jurisdiction Problems

Probate law is currently undergoing considerable nationwide study and change. Many states have recently revised their probate law. The American Bar Association in conjunction with the National Conference of Commissioners on Uniform State Laws has considered drafting a Uniform Probate Code in order to resolve some of the current problems in administration of estates. One of the basic aims of the reform has been to remedy the waste and delay caused by inefficient probate procedure. The problem in Nebraska is a result of the county court, which is the probate court, lacking general and equitable jurisdiction. Because the county court lacks equitable powers, its jurisdiction in probate cannot be exclusive unless it is allowed to encroach upon the district court's equity jurisdiction. The result is a shifting of estate problems between the two courts during administration of the estate. A further source of delay is that the district court may try de novo all matters decided in the county court. The question to be asked is whether trial de novo in the district court and concurrent jurisdiction with the county court meet the need in probate procedure for administrative efficiency.