Nebraska Probate Form 100 - Demand for Notice

WHEN TO USE THIS FORM: This form is authorized by Nebraska Probate Code § 30 2413 and may be filed with the Court at any time after death even though estate proceedings have not been commenced. Its purpose is to obtain notice of any "Order or filing in the estate."

It should be used by any person with a financial or property interest who feels they might be prejudiced by lack of advance notice in any informal proceeding or lack of notice at any stage of any proceeding.

HOW TO USE THIS FORM: File the form in duplicate. After the demandant prepares the form and files it, the Clerk of the County Court has the duty to mail a copy to the Personal Representative, if one has been appointed, as evidenced by the attached Certificate of Mailing.

WHEN NOT TO USE THIS FORM: This form is for the exception and not a form required in the normal probate proceedings.

COMMENTS: Type of Notice: Since Nebraska Probate Code § 30 2413 directs notice as prescribed in Nebraska Probate Code § 30 2220, unless the Court for good cause orders a different notice, an unqualified demand must be satisfied by both a mailing or personal delivery and a published legal notice. Notice to a demandant of a petition upon which a hearing is required must be served fourteen (14) days before the time set for hearing as required by Nebraska Probate Code § 30 2220. To eliminate the necessity for an order under Nebraska Probate Code § 30 2220(2)(b) dispensing with published notice for "good cause" in each case, the demand form requests only the notice by mail or personal delivery, and waives the publication. In the event the demandant does not waive the publication, it is suggested that the Applicant (person requesting an Order) request a "good cause" Order eliminating the necessity of publication.

Notice to Creditors: The published Notice to Creditors required under Nebraska Probate Code § 30 2483 does not involve an "Order" under the Nebraska Probate Code since Nebraska Probate Code § 30 2483 imposes a general requirement upon the Clerk to publish the Notice. Neither is there a "filing" until the filing of the Proof of Publication. Nevertheless, a creditor or other interested party who desires to be alerted to the time for filing claims should have a procedure whereby the Personal Representative can be put upon notice of his or her existence. Demand of advance notice of an appointment proceeding is not a practicable alternative and would likely cause delay in the appointment proceedings. While not strictly within Nebraska Probate Code § 30 2413, this form allows such a creditor or interested party to be assured of mailed notice under Nebraska Probate Code § 30 2483 by making his or her existence known of record.

After a creditor has filed a demand for a copy of the published Notice to Creditors, a Personal Representative who fails to comply with the demand might incur personal liability to the creditor independent of the provisions of Nebraska Probate Code § 30 2413. The Personal Representative has power over title to property of the estate in trust for the benefit of creditors and others interested in the estate (Nebraska Probate Code § 30 2472), and if the exercise of that power is improper, the Personal Representative is liable to interested persons for damage (Nebraska Probate Code § 30 2473). Failure to comply does not, however, affect the validity of the proceeding.

Inventory: This form may also be used to constitute a request for a copy of the Inventory under Nebraska Probate Code § 30 2467. The filing of an Inventory is also within the scope of Nebraska Probate Code § 30 2413 as a "filing."

Specificity: This form is drafted to encourage the demandant to be specific about the items or proceedings as to which notice is required. It is possible, of course, under "other", to specify notice of all orders and filings as authorized by Nebraska Probate Code § 30 2413.