WHEN TO USE THE FORM: The form should be used whenever it is desirable or necessary to sell real property in an intestate estate or real property in a testate estate when the Will does not provide a power of sale.
This form is appropriate for a Personal Representative whether the appointment is formal or informal.
HOW TO USE THE FORM: The form should be completed as indicated. The statute does not set forth what constitutes sufficient justification for sale of real property. In Booth v. Reisdorff, 202 Neb. 6, 272 N.W. 2d 915 (1978) the Supreme Court, relying on the language of a predecision statute, held that a Personal Representative acting reasonably for the benefit of the interested persons may sell any real estate of the estate following a Court Order with proper notice. Presumably the Court should authorize sale anytime the desirability or necessity of sale is more compelling than any objections.
Note, however, that Nebraska Probate Code § 30-24,104 establishes a preference for distribution in kind, as opposed to liquidation. It would appear from Nebraska Probate Code § 30-2476(23) that the authority to sell may be granted item by item or as a blanket authority for all real property of the estate without specifying the name of purchasers or terms of sale.
WHEN NOT TO USE THE FORM: The form is not required to be used in a testate proceeding when the Will provides a power of sale.
COMMENTS: The statute provides that notice must be given as prescribed by subdivisions (a)(1) and (a)(2) of Nebraska Probate Code § 30-2220. Under such a requirement, publication may not be avoided.
