Nebraska Probate Form 1003 - Notice Of Transfer Of Proceedings For Formal Probate Of Will And Object

FULL NAME OF FORM: Notice Of Transfer Of Proceedings For Formal Probate Of Will And Objections Thereto

COMMENTS: Nebraska Probate Code § 30-2429.01 provides that at any time prior to the continued hearing date, any party may transfer the proceeding to District Court to determine whether the Decedent left a valid Will, by filing with the County Court a Notice of Transfer, depositing with the Clerk of County Court a docket fee in the amount of the filing fee in the District Court for cases originally commenced in the District Court, and paying to the Clerk of the County Court the fee required by Neb. Rev. Stat. § 33-125. The Clerk of the County Court has ten (10) days from filing the Notice of Transfer and Payment of the docket fee and the fee under Neb. Rev. Stat. § 33-125 to transmit to the Clerk of the District Court a certified transcript of the complete record of the matter transferred and the docket fee.

On filing the transcript, the District Court has jurisdiction over the proceeding on the contest to determine whether Decedent left a valid Will. The transfer does not relate to any other issues raised by the Petition.

Within thirty (30) days of filing the transcript, any party may file additional objections. The District Court may order such additional pleadings as necessary. Trial is to a jury unless the jury is waived by all parties who have filed pleadings in the matter. The final decision and judgment in the matter transferred is certified to the County Court and proceedings are had thereon necessary to carry the final decision and judgment into execution.