WHEN TO USE THE FORM: File this form with the Court after a Petition for Elective Share has been filed. If filed it must be filed before the entry of a final order or judgment by the Court determining the elective share. It should only be used when the election is not desired for any reason such as a settlement agreement having been reached by the devisees and other recipients of the Augmented Estate and the surviving spouse or if the election is not appropriate for some other reason. Nebraska Probate Code § 30-2317(c).
HOW TO USE THE FORM: File the form with the County Court prior to entry of a final determination in the Petition for Elective Share. Copies should be served on the Personal Representative and all other affected parties.
Paragraph 2 is optional and should be used only when the surviving spouse also waives rights to homestead, exempt property and family allowance.
WHEN NOT TO USE THE FORM: Do not use this form unless a Petition for Elective Share has been filed and the electing spouse has for some reason decided not to proceed with the election.
