§ 25-2214.01.Clerk of district court; money or property received; powers and duties.
Article 22: Process, Court Records, and Ministerial Officers · Last amended 1979 · Last verified July 22, 2026
Full Text of § 25-2214.01
Source
Laws 1979, LB 179, § 2; R.S.1943, (1985), § 24-337.03.
Plain-English Summary
When a district court clerk receives money that cannot immediately go to its rightful owner, section 25-2214.01 lets the clerk deposit it in interest-bearing accounts at insured banking or savings institutions rather than letting it sit idle. The interest that deposit earns ordinarily goes to the county treasurer, credited to the county general fund.
There is one carve-out. If the money belonged to a person who has died and no personal representative has yet been appointed for the estate, the interest is not swept into the county fund. Instead, once a court appoints a personal representative, the accrued interest is paid over to the estate, on the court’s order.
Property other than money follows a different path: the clerk holds it in safekeeping until the rightful owner claims it, or, if ownership is disputed, until a court of competent jurisdiction orders it turned over to a particular person.
Frequently Asked Questions
Can a district court clerk deposit money it is holding in an interest-bearing account?
Yes, when the money cannot immediately be paid out to its rightful owner, the clerk may deposit it in interest-bearing accounts at insured banking or savings institutions.
Who gets the interest earned on money the clerk deposits?
Ordinarily the county treasurer, credited to the county general fund.
What happens to interest on money that belonged to someone who has died?
It is not credited to the county fund. It is paid to the estate once a personal representative is appointed, on the court’s order.
What must the clerk do with property other than money that is received in a case?
Hold it in safekeeping until the rightful owner claims it, or until a court orders it given to a particular person if ownership is disputed.
Who resolves a dispute over who owns property held by the clerk?
A court of competent jurisdiction, which orders possession given to the appropriate person.