Nebraska Probate Form 101 - Notice to Demandant of Application for Informal Proceedings

WHEN TO USE THE FORM: This form is to be used by the Applicant for informal proceedings when notice has been demanded under Nebraska Probate Code § 30-2413 and may also be used to provide notice to a previously qualified Personal Representative as required under Nebraska Probate Code § 30-2419.

HOW TO USE THE FORM: At the time the application is filed the complete this form, file the original with the Court, obtain the date and time for consideration of the application, and serve notice in accordance with Nebraska Probate Code § 30-2220(1).

WHEN NOT TO USE THE FORM: In formal proceedings, or in informal proceedings without Demand for Notice.

COMMENTS: The Demand for Notice form requests only a 14-day notice by mail or personal delivery. An objection to probate can be raised only in a formal proceeding (Nebraska Probate Code § 30-2425) and an objection to an appointment can be made only in a formal proceeding (Nebraska Probate Code § 30-2412 (b)). It is clear that, in informal proceedings, the Registrar will not be conducting hearings on applications but will merely act in response to applications.

If the Demandant is not satisfied with the action requested of the Registrar, the Notice gives the Demandant sufficient time to commence formal proceedings in which the Demandant's objections can be adjudicated by the Court.

Nebraska Probate Code § 30-2413 does not require that a copy of the Order or filing be sent to the Demandant, and this form meets the minimum requirements of the statute. Courtesy would dictate sending a copy of the Order or filing with the Notice.