Nebraska Probate Form 1004 - Petition To Enforce Claim Against Estate Of A Decedent

FULL NAME OF FORM: Petition To Enforce Claim Against Estate Of A Decedent

WHEN TO USE THE FORM: Nebraska Probate Code § 30-2486 provides two methods of presenting a claim against a Decedent's estate.

1. The Claimant may file a written statement of the claim, in the form prescribed by rule, with the Clerk of the Court. The claim is deemed presented on the filing of the claim with the Court; or
2. The Claimant may commence a proceeding against the Personal Representative in any court which has subject matter jurisdiction and the Personal Representative may be subjected to jurisdiction to obtain payment of his or her claim against the Estate.

Whether Claimant files a written statement of claim with the Clerk of the Court or commences an original proceeding in any court which has subject matter jurisdiction and in which the Personal Representative may be subjected to jurisdiction, the claim must be presented within two (2) months after the date of the first publication of Notice to Creditors, assuming notice is given in compliance with Nebraska Probate Code § 30-2483. Nebraska Probate Code § 30-2485(a)(1).

COMMENTS: Form 1004 reflects an original action in the District Court to obtain payment of a claim against the estate of the Decedent. If within the subject matter jurisdiction limits of the County Court, and the Personal Representative is subject to the jurisdiction of the County Court, the Claimant could commence the action in the County Court; or, if within the jurisdiction of the United States District Court, Claimant could file a claim in that Court.

In any event, the Petition in an original action to enforce a claim against the estate of a Decedent would have to be filed within two (2) months of the first publication of Notice to Creditors.