WHEN TO USE THE FORM: (See IRC § 451) This form should be used whenever it would be advantageous for income tax purposes or otherwise for the Personal Representative to waive any fees for services in the administration of the estate.
HOW TO USE THE FORM: The form should be signed by the Personal Representative and filed with the Court. The form should probably be filed as soon as possible after appointment.
WHEN NOT TO USE THE FORM: This form should not be signed and filed unless the Personal Representative has an unequivocal desire to waive fees.
COMMENTS: Since Personal Representative's fees are not automatically fixed or allowed by the Nebraska Probate Code, a written waiver of fees may not be necessary. However, to avoid having a constructive fee attributed to the Personal Representative, use of a written waiver is recommended not later than 6 months following appointment. Revenue Ruling 64 225, 1964 2 C.B. 15 and Revenue Ruling 66 167, 1966 1 C.B. 20. Reference to the Waiver should be made in the final accounting and closing pleadings.
