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§ 6-1437.Claims of personal representatives, guardians, and conservators.

Article 14: Uniform County Court Rules of Practice and Procedure · Last amended April 1, 2020 · Last verified July 22, 2026

In one sentenceCaps how much a personal representative, guardian, or conservator may pay on their own individual claims against the estate without first informing the court and obtaining approval, limits routine attorney fee payments, and preserves a right to petition for review of any such payment.

Full Text of § 6-1437

Text sizeJump to: (A) (B) (C) (D)

(A) Personal Representatives; Individual Claims. No personal representative who has individual claims of his or her own which arose against the decedent prior to the death of the decedent shall pay the claims in excess of an aggregate amount of $500 without first specifically informing the court of his or her adverse interest and obtaining the approval of the court.
(B) Guardian or Conservator; Individual Claims. No guardian or conservator who has individual claims of his or her own (other than compensation governed by § 6-1443) against the estate of the ward or protected person shall pay the claims which aggregate in excess of $500 without first specifically informing the court of his or her adverse interest and obtaining the approval of the court.
(C) Unless otherwise ordered by the court, the attorney for the guardian or the conservator may be paid reasonable fees from the estate up to $1,000 per year without prior court order.
(1) No guardian or conservator shall pay legal fees to himself or herself without prior court order.
(2) All attorney fees paid under subsection (C) remain subject to review by the court.
(D) Form of Order. Any order entered pursuant to this section shall provide that any person aggrieved by payment of the claim may petition the court for a formal review of the claim or payment.

Amendment History

Rule 37 amended September 1987. Renumbered and codified as § 6-1437, effective July 18, 2008; § 6-1437 amended November 13, 2019, effective April 1, 2020.

Plain-English Summary

Section 6-1437 addresses a fiduciary’s own financial interest in the estate they’re administering — a conflict distinct from the disclosure-before-appointment duty in § 6-1435, and one that comes up after appointment, when actual payments are being made. A personal representative with individual claims of their own against the decedent, arising before death, can’t pay more than $500 in the aggregate on those claims without first specifically telling the court about the conflict and getting court approval. Subsection (B) sets the identical $500 cap for a guardian or conservator’s own individual claims against the ward’s or protected person’s estate, separate from whatever compensation that guardian or conservator is owed for serving in that role.

Attorney fees get their own more generous, but still bounded, allowance. Unless the court orders otherwise, the attorney for a guardian or conservator can be paid reasonable fees from the estate up to $1,000 per year without needing a prior court order. But a guardian or conservator can never pay legal fees to themselves without a prior court order, and every fee paid under this allowance stays subject to the court’s review even after payment.

Whatever order authorizes a payment under this section has to include a specific safeguard: language stating that anyone aggrieved by payment of the claim can petition the court for a formal review of the claim or the payment. That keeps a check on these self-interested payments even after the money has already changed hands.

Frequently Asked Questions

Can a personal representative pay themselves on a personal debt the decedent owed them?

Only up to $500 in the aggregate without informing the court of the conflict and getting court approval first.

Does the same $500 limit apply to guardians and conservators?

Yes, for their own individual claims against the ward’s or protected person’s estate, separate from their compensation for serving as guardian or conservator.

Are attorney fees for a guardian or conservator capped?

Unless the court orders otherwise, reasonable attorney fees up to $1,000 per year can be paid without a prior court order, though all such fees remain subject to court review.

Can a guardian or conservator pay legal fees to themselves?

No, not without a prior court order.

What can someone do if they think a claim payment under this rule was improper?

Any order authorizing such a payment must allow an aggrieved person to petition the court for a formal review of the claim or the payment.

Source & verification. Section text and amendment history are reproduced verbatim from the Nebraska Judicial Branch, adopted by the Supreme Court of Nebraska. Last verified July 22, 2026. · Official source
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