WHEN TO USE THE FORM: This form should be used for formal probate with or without an appointment. The probate may be original or ancillary.
This form may be used, with additional allegations, to set aside a previous informal appointment on the assumption of intestacy, or to prevent an appointment which is the subject of a pending application or petition for appointment on the assumption of intestacy.
This form may be used, with additional allegations, to substitute a different Will for one informally probated, or to substitute a Will for one which is the subject of a pending application for informal probate.
HOW TO USE THIS FORM: If relief other than that contained in the printed form is requested, amend the prayer accordingly.
If the Will is lost, delete paragraph 6 and substitute allegations found in Nebraska Probate Code § 30-2426(a)(3).
If an authenticated copy of a Will probated in another jurisdiction is the subject of the Petition, delete paragraph 6 and allege date of Will, place and date of probate, and file an authenticated copy with the Court. If an appointment of a Personal Representative is not desired, delete paragraphs 8 and 9 and amend the prayer accordingly.
In paragraph 1, the nature of the interest of the Petitioner usually will be "Decedent's nominated Personal Representative", "devisee" or "creditor."
Paragraph 8 should contain the names and relationship of those with priority for appointment as Personal Representative under Nebraska Probate Code § 30-2412. Persons who are not disqualified have priority for appointment in the following order:
- The person nominated by a probated Will or nominated by a power conferred in a Will;
- The surviving spouse who is a devisee;
- Other devisees;
- The surviving spouse;
- Other heirs;
- Any creditor who seeks appointment as Personal Representative 45 days after death.
The Court must appoint a Personal Representative with priority unless found to be unsuitable in a formal proceeding. Objection to the appointment of a person with priority can only be made in a formal proceeding. In the case of an objection, the priority rules apply except as provided in Nebraska Probate Code § 30-2412(b).
Appointment of one who does not have priority may be made only in a formal proceeding, except that appointment of one having priority from renunciation or nomination may be made in an informal proceeding. Nebraska Probate Code § 30-2412(e).
When two or more persons share priority, use Form 130.
In paragraph 10, if any heir or devisee is a minor or incapacitated, allege such facts and the name of the Guardian or Conservator if one has been appointed. If the marital status of the Decedent or the manner of determining heirs is not apparent from the facts alleged in paragraph 10, then additional allegations may be appropriate; for example: "Other than as set forth in this paragraph, Decedent left no spouse, children, grandchildren, parents, brothers, sisters, or children of deceased brothers and sisters."
