FULL NAME OF FORM: Petition For Formal Adjudication Of Intestacy, Determination Of Heirs, And Appointment Of Personal Representative
WHEN TO USE THE FORM: This form should be used for an adjudication of intestacy and heirship, with or without an appointment of a Personal Representative. It may also be used, with additional allegations, for an adjudication of the priority or qualification of an applicant for appointment as Personal Representative, or of one who was previously appointed Personal Representative in an informal proceeding. Nebraska Probate Code § 30-2438.
It may also be used, with additional allegations, to set aside a previously informally probated Will, or prevent the informal probate of a Will which is the subject of a pending application.
HOW TO USE THIS FORM: If the appointment of a Personal Representative is not desired, delete paragraphs 7 and 8 and amend the prayer accordingly. If the purpose of the petition is to set aside a previously informally probated Will, or to prevent the informal probate of the Will which is the subject of a pending application, add a paragraph alleging such facts and amend the prayer accordingly.
In paragraph 1, the Petitioner usually will be "spouse of Decedent", "heir" or "creditor."
Paragraph 7 should contain the names and relationship of those with priority for appointment as Personal Representative in intestacy and the age of minors under Nebraska Probate Code § 30-2412. Persons who are not disqualified have priority for appointment in the following order:
- The surviving spouse;
- Other heirs;
- Any creditor who seeks appointment as Personal Representative forty-five (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(d).
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 9, include the names of Guardians and Conservators of minors and incapacitated persons. They have a right to participate in the selection process. Nebraska Probate Code § 30-2412(d). If the marital status of the Decedent or the manner of determining heirs is not apparent from the facts alleged in paragraph 9, 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."
