Nebraska Probate Forms >> NSBA Form 223 >> Notice Of Informal Probate And Appointment

NSBA Probate Form 223

Notice Of Informal Probate And Appointment: NSBA Probate Commentary

FULL NAME OF FORM: Notice Of Informal Probate And Appointment Of Personal Representative And Notice To Creditors

WHEN TO USE THE FORM: The Clerk of County Court is required to publish notice of issuance of a written statement of Informal Probate of the Will of a Decedent and of informal appointment of a Personal Representative of the estate of the Decedent and also to publish notice to creditors within thirty (30) days of such issuance and appointment; and the Applicant or Personal Representative is required to serve such notice as so published.

HOW TO USE THE FORM: Use as printed.

  1. Secure last claim date from the Clerk of County Court at least two (2) months (not necessarily sixty (60) days) after anticipated first publication of notice.
  2. Deliver completed form to the Clerk of County Court for delivery to Publisher for publication in accordance with Instructions to Publisher.
  3. Mail copies of published notice to all potential claimants and creditors and all other interested persons with known mailing address who have not waived service of notice not later than five (5) days after first publication of notice.
  4. Prepare and file with County Court affidavit of service of notice not later than ten (10) days after service of notice or ten (10) days after first publication of notice if there is no interested person with known address who has not waived service of notice.

WHEN NOT TO USE THE FORM: Do not use for results of formal proceedings. If only informal proceedings for appointment of Personal Representative were involved, use Form 233.

COMMENTS: See Nebraska Probate Code §§ 30-2415, 30-2420, and 30-2483 and Neb. Rev. Stat. § 25-520.01. See also non-mandatory Nebraska Supreme Court Form 2, Notice of Informal Probate and Notice to Creditors.