State Codes and Statutes
Statutes > Nebraska > Chapter24 > 24-51724-517. Jurisdiction.Each county court shall have the following jurisdiction:(1) Exclusive original jurisdiction of all matters relatingto decedents' estates, including the probate of wills and the constructionthereof, except as provided in subsection (c) of section 30-2464 and section 30-2486;(2) Exclusive original jurisdiction in all matters relatingto the guardianship of a person, except if a separate juvenile court alreadyhas jurisdiction over a child in need of a guardian, concurrent original jurisdictionwith the separate juvenile court in such guardianship;(3) Exclusive original jurisdiction of all matters relatingto conservatorship of any person, including (a) original jurisdiction to consentto and authorize a voluntary selection, partition, and setoff of a ward'sinterest in real estate owned in common with others and to exercise any rightof the ward in connection therewith which the ward could exercise if competentand (b) original jurisdiction to license the sale of such real estate forcash or on such terms of credit as shall seem best calculated to produce thehighest price subject only to the requirements set forth in section 30-3201;(4) Concurrent jurisdiction with the district court to involuntarilypartition a ward's interest in real estate owned in common with others;(5) Concurrent original jurisdiction with the district courtin all civil actions of any type when the amount in controversy is forty-fivethousand dollars or less through June 30, 2005, and as set by the SupremeCourt pursuant to subdivision (b) of this subdivision on and after July 1,2005.(a) When the pleadings or discovery proceedings in a civilaction indicate that the amount in controversy is greater than the jurisdictionalamount of subdivision (5) of this section, the county court shall, upon therequest of any party, certify the proceedings to the district court as providedin section 25-2706. An award of the county court which is greater than thejurisdictional amount of subdivision (5) of this section is not void or unenforceablebecause it is greater than such amount, however, if an award of the countycourt is greater than the jurisdictional amount, the county court shall taxas additional costs the difference between the filing fee in district courtand the filing fee in county court.(b) The Supreme Court shall adjust the jurisdictional amountfor the county court every fifth year commencing July 1, 2005. The adjustedjurisdictional amount shall be equal to the then current jurisdictional amountadjusted by the average percentage change in the unadjusted Consumer PriceIndex for All Urban Consumers published by the Federal Bureau of Labor Statisticsfor the five-year period preceding the adjustment date. The jurisdictionalamount shall be rounded to the nearest one-thousand-dollar amount;(6) Concurrent original jurisdiction with the district courtin any criminal matter classified as a misdemeanor or for any infraction.The district court shall have concurrent original jurisdictionin any criminal matter classified as a misdemeanor that arises from the sameincident as a charged felony;(7) Concurrent original jurisdiction with the district courtin domestic relations matters as defined in section 25-2740 and with the districtcourt and separate juvenile court in paternity or custody determinations asprovided in section 25-2740;(8) Concurrent original jurisdiction with the district courtin matters arising under the Nebraska Uniform Trust Code;(9) Exclusive original jurisdiction in any action based onviolation of a city or village ordinance;(10) Exclusive original jurisdiction in juvenile matters incounties which have not established separate juvenile courts;(11) Exclusive original jurisdiction in matters of adoption,except if a separate juvenile court already has jurisdiction over the childto be adopted, concurrent original jurisdiction with the separate juvenilecourt; and(12) All other jurisdiction heretofore provided and not specificallyrepealed by Laws 1972, Legislative Bill 1032, and such other jurisdictionas hereafter provided by law. SourceLaws 1972, LB 1032, § 17; Laws 1973, LB 226, § 6; Laws 1977, LB 96, § 1; Laws 1979, LB 373, § 1; Laws 1983, LB 137, § 1; Laws 1984, LB 13, § 12; Laws 1986, LB 529, § 7; Laws 1986, LB 1229, § 1; Laws 1991, LB 422, § 1; Laws 1996, LB 1296, § 2; Laws 1997, LB 229, § 1; Laws 1998, LB 1041, § 1; Laws 2001, LB 269, § 1; Laws 2003, LB 130, § 114; Laws 2005, LB 361, § 29; Laws 2008, LB280, § 1; Laws 2008, LB1014, § 4; Laws 2009, LB35, § 5. Cross ReferencesNebraska Uniform Trust Code, see section 30-3801. AnnotationsIn common-law and equity actions relating to decedents' estates, the county courts have concurrent original jurisdiction with the district courts. When the jurisdiction of the county court and the district court is concurrent, the basic principles of judicial administration require that the court which first acquires jurisdiction should retain it to the exclusion of the other court. Washington v. Conley, 273 Neb. 908, 734 N.W.2d 306 (2007).The certification of a civil proceeding, in which the amount in controversy exceeds the statutory limit, is now mandatory only upon the request of a party. Hunt v. Trackwell, 262 Neb. 688, 635 N.W.2d 106 (2001).Pursuant to subsection (1) of this section, the county court has exclusive original jurisdiction of all proceedings regarding a decedent's estate. Mischke v. Mischke, 253 Neb. 439, 571 N.W.2d 248 (1997).This section does not divest a county court of its subject matter jurisdiction to modify its own void judgments. State v. LeGrand, 249 Neb. 1, 541 N.W.2d 380 (1995).Subsection (4) of this section does not vest equity jurisdiction in the county courts. Iodence v. Potmesil, 239 Neb. 387, 476 N.W.2d 554 (1991).When a claim presented in the manner described in section 30-2486 and within the time limit described in section 30-2485 is disallowed by the personal representative, the dissatisfied claimant may, within 60 days of the mailing of notice of the disallowance, commence a proceeding against the personal representative in the district court insofar as the claim relates to matters within the district court's chancery or common-law jurisdiction. Holdrege Co-op Assn. v. Wilson, 236 Neb. 541, 463 N.W.2d 312 (1990).This section clearly grants county courts jurisdiction over actions involving speeding violations. State v. Jones, 209 Neb. 296, 307 N.W.2d 126 (1981).County courts have exclusive original jurisdiction of all matters related to decedents' estates, including the probate of wills and the construction thereof, and all other jurisdiction heretofore provided and not specifically repealed by Laws 1972, L.B. 1032, and such other jurisdiction as thereafter provided by law. County courts, in exercising exclusive original jurisdiction over estates, may apply equitable principles to matters within probate jurisdiction. In re Estate of Layton, 207 Neb. 646, 300 N.W.2d 802 (1981).One suing a parent under the family purpose doctrine for damages caused by a member of the family, who was killed in an accident, need not first file a claim in the estate of the decedent. Marcus v. Everett, 195 Neb. 518, 239 N.W.2d 487 (1976).Notwithstanding this section, the district court retains jurisdiction in injunction actions brought to enforce zoning ordinances. Village of Springfield v. Hevelone, 195 Neb. 37, 236 N.W.2d 811 (1975).
