Nebraska Probate Forms >> NSBA Form 302 >> Bond Of Personal Representative

NSBA Probate Form 302

Bond Of Personal Representative: NSBA Probate Commentary

WHEN TO USE THE FORM: This bond should be used in any proceeding, formal or informal, when a bond is required of the Personal Representative or a Special Administrator.

HOW TO USE THE FORM:

  1. The bond should be filed with the Court (the "Registrar" in informal proceedings).
  2. The "Principal" in the bond is the Personal Representative.
  3. The "Surety" may be an individual or corporation. Nebraska Probate Code § 30-2447(a). If an individual, the bond must be accompanied by a justification of surety. Court Rule 40; Neb. Rev. Stat. § 25-2223.
  4. The bond creates joint and several liability on the part of the Personal Representative and the surety.
  5. The address of the surety must be shown on the bond.
  6. Where the bond is signed by an attorney-in-fact, a duplicate original or "sealed" copy of current power of attorney should be filed with bond.
  7. The bond should be approved by:
    1. The Registrar in informal proceedings;
    2. The Court in formal proceedings.

WHEN NOT TO USE THE FORM: This form is not suitable for use by a Guardian, Conservator, or Trustee.