Nebraska Probate Form 220 - Application For Informal Probate Of Will And Informal Appointment Of Personal Representative

FULL NAME OF FORM: Application For Informal Probate Of Will And Informal Appointment Of Personal Representative

WHEN TO USE THE FORM: This form should be used for informal probate with or without an appointment of a Personal Representative. The probate may be original or ancillary.

HOW TO USE THE FORM: If an appointment of a Personal Representative is not desired delete paragraphs 8 and 9, and amend the prayer accordingly.

Paragraph 8 should contain the names and relationship of those with priority for appointment as Personal Representative and the ages of minors under Nebraska Probate Code § 30-2412. Persons who are not disqualified have priority for appointment in the following order:

  1. The person nominated by a probated Will or nominated by a power conferred in a Will;
  2. The surviving spouse who is a devisee;
  3. Other devisees;
  4. The surviving spouse;
  5. Other heirs;
  6. Any creditor who seeks appointment as Personal Representative forty-five (45) days after death.

The Court must appoint a Personal Representative with priority unless found to be unsuitable in a formal proceeding. In the case of an objection, the priority rules apply except as provided in Nebraska Probate Code § 30-2412(b).

Appointment of one who does not have priority may be made only in a formal proceeding, except that appointment of one having priority from renunciation or nomination may be made in an informal proceeding. Nebraska Probate Code § 30-2412(e).

When two or more persons share priority, use Form 130, or all persons who share priority must join in application; if no agreement is reached among those sharing priority as to whom shall be appointed, the proceeding must be formal.

WHEN NOT TO USE THE FORM: Do not use this form when a Personal Representative has been appointed in another county of this state or, unless the application pertains to an authenticated copy of a Will previously probated elsewhere, when the Will presented or another Will has been the subject of a previous probate order. Nebraska Probate Code § 30-2416(b).

Do not use this form if the subject Will is one or more of a series of testamentary instruments, the latest of which does not expressly revoke the earlier, except that a series consisting of a Will, with Codicil(s) may be informally probated. Nebraska Probate Code § 30-2417.

If the marital status of the Decedent or the manner of determining heirs is not apparent from the facts alleged in paragraph 10, then additional allegations may be appropriate; for example: "Other than as set forth in this paragraph, Decedent left no spouse, children, grandchildren, parents, brothers, sisters, or children of deceased brothers and sisters."

NSBA Forms 1 - 259