Nebraska Probate Forms >> NSBA Form 315 >> Petition For Allowance Of Claim

NSBA Probate Form 315

Petition For Allowance Of Claim: NSBA Probate Commentary

WHEN TO USE THE FORM:

  1. When claimant wants County Court to overturn disallowance by Personal Representative; or
  2. When Personal Representative wants protection of Court Order on allowance of claim which is potentially questionable.

This Petition must be filed by claimant within sixty (60) days of date of mailing Notice of Disallowance. This Petition must be filed by the Personal Representative within sixty (60) days after time for filing claims has expired; otherwise, the claim is allowed by operation of law. Nebraska Probate Code § 30-2488.

HOW TO USE THE FORM:

  1. Identify claim in appropriate blanks and make timely filing with Court.
  2. Attach schedule listing names of parties entitled to notice. Nebraska Probate Code § 30-2488(c).
  3. Tender to judge for entrance of order setting the claim for hearing.
  4. Mail to designated parties.
  5. Fill out and sign Certificate of Mailing Petition for Allowance of Claim, Form 315, page 2.

WHEN NOT TO USE THE FORM: If claimant contests disallowance of claim by filing a proceeding against the Personal Representative in an appropriate court through separate legal proceedings.