FULL NAME OF FORM: Order Determining Testacy, Appointing Personal Representative And Supervised Administration
WHEN TO USE THIS FORM: This form should be used as the order pursuant to a Petition which seeks Supervised Administration in Formal Testacy and/or Appointment Proceedings.
HOW TO USE THIS FORM: This form must be executed by the Court. The Registrar may not use this form.
WHEN NOT TO USE THIS FORM: Do not use this form when testacy and appointment have been previously adjudicated.
COMMENTS: Nebraska Probate Code § 30-2440 states that if the testacy of the Decedent and the priority and qualification of the Personal Representative have not been adjudicated previously, the Court shall do so in any case involving a request for supervised administration. Therefore, the Order provides for both a formal adjudication of testacy and formal appointment of Personal Representative, as well as a requirement of supervised administration.
"Testacy" proceeding means a proceeding to establish a Will or determine intestacy. Nebraska Probate Code § 30-2209(48).
