FULL NAME OF FORM: Renunciation Of Right To Appointment And Nomination Of Personal Representative
WHEN TO USE THE FORM: In a formal or informal proceeding, the person seeking appointment as Personal Representative must have priority to hold such office. When two or more persons share a priority, those who do not renounce must concur in nominating another. A formal proceeding is required for appointment of one who does not have priority as a result of the statutory priority qualifications, except that appointment of one having priority resulting from renunciation or nomination may be made in informal proceedings. Nebraska Probate Code § 30-2412(e).
HOW TO USE THE FORM: This form should be used at any time two or more persons share a priority or at any time the person seeking appointment as Personal Representative does not have priority and is nominated to be Personal Representative by one who does have priority or said person having priority files a renunciation. Nebraska Probate Code § 30-2412.
WHEN NOT TO USE THE FORM: If the party seeking appointment as Personal Representative has superior priority to all other persons seeking appointment, this form is not required. If no Personal Representative is to be appointed, this form is inappropriate.
COMMENTS: Under Nebraska Probate Code § 30-2423, notice of intention to seek appointment as Personal Representative in an informal proceeding must be given pursuant to Nebraska Probate Code § 30-2220 (which requires publication) if the person seeking the appointment as Personal Representative does not have priority to appointment and the party having a prior or equal right to appointment has not waived that right in writing and filed it with the Court. This defeats the purpose of an informal proceeding by requiring a published notice prior to the informal appointment for Personal Representative. The better approach would be to proceed formally in any case of a prior or equal right to appointment. In fact, this section conflicts with Nebraska Probate Code § 30-2412 which requires that one seeking appointment who does not have a priority may do so only in a formal proceeding.
