Nebraska Probate Forms >> NSBA Form 310 >> Notice Of Formal Appointment Of Personal Rep

NSBA Probate Form 310

Notice Of Formal Appointment Of Personal Rep: NSBA Probate Commentary

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

WHEN TO USE THE FORM: The Clerk of County Court is required to publish notice to creditors of a Decedent within thirty (30) days of formal appointment of a Personal Representative of the estate of the Decedent and also to announce such appointment unless excused by Nebraska Probate Code § 30-24,127 (small estate summary procedure); and the Petitioner or Personal Representative is required to serve the 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 informal proceedings. If informal proceedings were involved, use Form 233.

COMMENTS: See Nebraska Probate Code §§ 30-2483 and 30-2220(a)(2), and Neb. Rev. Stat. § 25-520.01. See also non-mandatory Nebraska Supreme Court Form 4, Notice to Creditors.