WHEN TO USE THE FORM: The Court for good cause shown may provide a different method or time of giving notice for any hearing. Nebraska Probate Code § 30-2220(b). This form is intended to provide an alternative method of giving notice in lieu of publication. The Court may for good cause provide a different time of giving notice as well as a different method. Nebraska Probate Code § 30-2220(a)(1) provides that notice must be mailed or delivered personally at least fourteen (14) days before the time set for hearing and Nebraska Probate Code § 30-2220(a)(2) requires the last publication of notice to be at least three (3) days before the hearing. This form is appropriate in the course of giving of an independent proceeding under Nebraska Probate Code § 30-2407.
HOW TO USE THE FORM: Blank space is left in the first paragraph of the form to provide room for additional explanation of good cause for requesting a different method or time of giving notice. The Court may or may not accept as good cause the fact that the names and addresses of all persons potentially interested in the estate of the deceased are known. The blank space following the second paragraph provides the explanation of a different method or time of giving notice. The following is an example: Notice of hearing on the Petition for.........shall be given by mailing a copy of the notice at least 5 days before the time set for hearing by ordinary first class mail, postage prepaid, addressed to all interested persons as set forth in the aforesaid Petition.
WHEN NOT TO USE THE FORM: The names and addresses of all persons potentially interested in the estate must be known so that actual notice may be given or in lieu thereof a notice may be duly waived. This motion is not appropriate if the Nebraska Probate Code specifically requires published notice or, in the alternative, requires that notice be given pursuant to Nebraska Probate Code § 30-2220(a)(2).
- Notice of informal appointment of the Personal Representative must be published. Nebraska Probate Code § 30-2420.
- Notice of hearing on a Petition for Formal Testacy proceeding requires that the clerk shall publish notice to all unknown persons or known persons whose addresses are unknown in accordance with Nebraska Probate Code § 30-2220(a)(2). See Nebraska Probate Code § 30-2427.
- In the case of supervised administration, notice of the Petition shall follow the same requirements as a Petition in a formal testacy proceeding and the procedures applicable to a formal testacy proceeding apply. Nebraska Probate Code § 30-2440.
- The Clerk of the Court is required to publish notice to creditors in accordance with Nebraska Probate Code § 30-2483.
- In the case of determining testacy (including heirship) at any stage of the proceeding, including a formal closing after informal opening with determination of testacy, Forms 400 or 402, notice must be published or the Order Determining Testacy is subject to modification or vacation for a later offered Will or omitted heirs. Nebraska Probate Code § 30-2438(1).
COMMENTS: Generally, this form will be used in conjunction with giving notice of a formal closing after formal opening. One should file this Motion only after careful review of the statutory requirements of giving notice and upon due consideration as to whether or not such requirements may be varied.
