Nebraska Probate Form 230 - Application For Informal Appointment Of Personal Representative In Intestacy: NSBA Probate Commentary

FULL NAME OF FORM: Application For Informal Appointment Of Personal Representative In Intestacy

WHEN TO USE THE FORM: This form should be used to obtain an informal appointment of a Personal Representative in intestacy.

HOW TO USE THIS FORM: Paragraph 7 should contain the names and relationship of those with priority for appointment of 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 surviving spouse;
2. Other heirs;
3. 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. Objection to the appointment of a person with priority can only be made 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 the application; if no agreement is reached among those sharing priority as to whom shall be appointed, the proceeding must be formal.

If the marital status of the Decedent or the manner of determining heirs is not apparent from the facts alleged in paragraph 9, 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."