Nebraska Probate Forms >> NSBA Form 342 >> Notice Of Hearing On Authority To Sell Real Estate

NSBA Probate Form 342

Notice Of Hearing On Authority To Sell Real Estate: NSBA Probate Commentary

FULL NAME OF FORM: Notice Of Hearing On Authority To Sell Real Property

WHEN TO USE THE FORM: A Personal Representative without testamentary authorization to sell real property is required to publish and serve notice upon commencement of formal proceedings for authority to sell real property of a Decedent.

HOW TO USE THE FORM: Use as printed.

  1. 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.
  2. Deliver completed form to publisher for publication in accordance with Instructions to Publisher.
  3. Mail copies of published notice to all interested persons with known mailing address 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.
  4. 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 formally or informally probated Will authorizes sale by the Personal Representative of real property of the Decedent.

COMMENTS: See Nebraska Probate Code §§ 30-2476(23), 30-2220(a)(2), and 30-2215 and Neb. Rev. Stat. § 25-520.01.