Proceedings may be had in the county court of the county in which an estate or trust is being administered or proceedings for guardianship or conservatorship are being had or in the county court of the county in which real estate is situated, for authority to lease any interest in real estate, or any part thereof, of any deceased person, beneficiary of a trust, minor, incompetent, or person unfit by reason of infirmities of age or physical disability or to ratify any prior unauthorized or defective lease executed by any executor, administrator, guardian, conservator, or trustee. If it shall appear to the court or judge thereof sitting in chambers within the district to be for the advantage of the estate of any decedent, beneficiary of a trust, minor, incompetent person, or person unfit by reason of infirmities of age or physical disability to make a lease, ratification agreement, or contract for the exploration and development or pooling or unitization of the real property of the estate or trust, or any part thereof, for oil, gas, or other hydrocarbons, the court or judge, as often as occasion therefor shall arise in the administration of any estate or trust, or in the course of any guardianship matter, or in the course of administration by a conservator, may on a petition, notice, and hearing, as provided in sections 57-211 and 57-212, authorize, empower, and direct the executor, administrator, trustee, conservator, or the guardian of such minor or incompetent person to lease such real estate or any part thereof or enter into pooling or unitization contracts.

Source

  • Laws 1939, c. 69, § 1, p. 281;
  • C.S.Supp.,1941, § 57-210;
  • R.S.1943, § 57-210;
  • Laws 1947, c. 199, § 1, p. 643;
  • Laws 1951, c. 191, § 1, p. 701;
  • Laws 1953, c. 190, § 1, p. 611;
  • Laws 1955, c. 215, § 1, p. 603;
  • Laws 1959, c. 259, § 1, p. 895;
  • Laws 1967, c. 350, § 1, p. 928;
  • Laws 1972, LB 1032, § 262.

Terms Used In Nebraska Statutes 57-210

  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • Chambers: A judge's office.
  • Contract: A legal written agreement that becomes binding when signed.
  • Decedent: A deceased person.
  • Executor: A male person named in a will to carry out the decedent
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Person: shall include bodies politic and corporate, societies, communities, the public generally, individuals, partnerships, limited liability companies, joint-stock companies, and associations. See Nebraska Statutes 49-801
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Trustee: A person or institution holding and administering property in trust.