WHEN TO USE THE FORM: Nebraska Probate Code § 30-2488 provides that a claim properly presented will be deemed to be allowed unless the Personal Representative mails notice to the claimant of the Personal Representative's decision to disallow the claim, in whole or in part, within sixty (60) days after the time for original presentation of the claim has expired.
HOW TO USE THE FORM: The notice, with the completed certificate of mailing, should be filed with the Court and a copy of the notice must be mailed to the claimant.
WHEN NOT TO USE THE FORM: When the Personal Representative determines that the claim should be allowed.
COMMENTS: Nebraska Probate Code § 30-2488 places a heavy responsibility on the Personal Representative and the Personal Representative's lawyer. In every estate the Personal Representative should:
- Check with the Court periodically before claim date and immediately after claim date to determine what claims have been filed.
- Determine which claims should be disallowed; and
- Mail notice of disallowance to the claimant within sixty (60) days after expiration of the time for presentation of the original claim.
The final paragraph of the Notice advises the creditor of the need to file a Petition for Allowance if the creditor wishes to preserve the claim; otherwise, the claim will automatically be barred. Nebraska Probate Code § 30-2488(a).
