FULL NAME OF FORM: Notice Of Hearing On Elective Share Of Augmented Estate
WHEN TO USE THE FORM: The surviving spouse is required to publish and serve notice upon commencement of a formal proceeding for elective share of augmented estate of a Decedent.
HOW TO USE THE FORM: Use as printed.
- Secure date and time for hearing in County Court at least three (3) days after anticipated last publication of notice and at least fourteen (14) days after anticipated service of copies of notice by mail.
- Deliver completed form to publisher for publication in accordance with Instructions to Publisher.
- Mail copies of published notice to the Personal Representative, all distributees and recipients of augmented estate property whose interests may be adversely affected by the election, and to all other interested persons who have not waived service of notice not later than five (5) days after first publication of notice and not later than fourteen (14) days before the date of hearing.
- 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 if claim of surviving spouse makes no election of share of augmented estate of the Decedent.
COMMENTS: See Nebraska Probate Code §§ 30-2317(b) and (d), 30-2220(a)(2), 30-2215, and Neb. Rev. Stat. § 25-520.01.
