Nebraska Probate Forms >> NSBA Form 324 >> Notice Of Petition For Elective Share Of Augmented Estate

NSBA Probate Form 324

Notice Of Petition For Elective Share Of Augmented Estate: NSBA Probate Commentary

WHEN TO USE THE FORM: This form should be used to give notice by publication on the filing of a Petition for Elective Share.

HOW TO USE THIS FORM: Upon filing the petition and obtaining the hearing date, all persons interested in the estate and the Distributees and recipients of portions of the Augmented Estate whose interest will be adversely affected by the election of the surviving spouse for the elective share must be given notice of the time and place of the hearing. Nebraska Probate Code § 30-2317(b). Proof of notice should be filed with the Court and presented as evidence at the hearing. The general notice provisions of Nebraska Probate Code § 30-2220 set forth the method for giving notice to the parties required by the elective share sections. If one or more of the required parties fails to waive notice in writing, then notice must be presented as follows:

  1. If the identity and address of the person is known, a copy of the notice must be mailed by certified, registered or ordinary first class mail addressed to the person being notified at the post office address given in the demand for notice, if any, or at the office or place of residence if known at least fourteen (14) days before the time set for the hearing; or by delivering a copy of the notice to the person being notified personally at least fourteen (14) days before the time set for hearing;
  2. Publication at least once a week for three (3) consecutive weeks in a legal newspaper having general circulation in the county where the hearing is to be held, last publication to be at least three (3) days before the time set for the hearing;
    3. and
  3. The Court may, for good cause shown, provide a different method or time of giving notice for the hearing.

WHEN NOT TO USE THE FORM: Do not use unless spouse elects under Nebraska Probate Code § 30-2313 et seq. for the share of the Augmented Estate.

Nebraska Probate Code § 30-2221 states that any person including a guardian ad litem, Conservator or other fiduciary may waive notice by a writing signed by such person or such person's attorney and filed in the proceeding. This section would apply to the elective share proceeding if all parties required to be given notice waive notice, no further notice is required by the statutes. Form 106.

See Nebraska Probate Code §§ 30-2317(b) & 30-2220(a)(1).