Nebraska Probate Form 313 - Statement Of Claim

WHEN TO USE THE FORM:

1. With respect to claims which arise prior to a Decedent's death, the claims will be barred under Nebraska Probate Code § 30-2485(a) unless presented:
   1. Within two months after the date of the first publication of notice to creditors; or
   2. Within three years after the Decedent's death if notice to creditors has not been published.
2. With respect to claims which arise at or after a Decedent's death, other than administration expenses, the claims will be barred under Nebraska Probate Code § 30-2485(b) unless presented:
   1. Within four months after performance is due if based on a contract with the Personal Representative;
   2. Within four months after it arises in the case of any other claim.

HOW TO USE THE FORM: The claim is presented by filing with the Clerk of the Court or by commencing a proceeding against the Personal Representative in a proper court. Nebraska Probate Code § 30-2486. If the claim is not yet due, the date when it will become due should be stated. If the claim is contingent or unliquidated, the appropriate box should be checked and the nature of the uncertainty should be stated. If the claim is secured, the security should be described.

WHEN NOT TO USE THE FORM: No presentation of claim is required in regard to matters claimed in court proceedings against the Decedent which were pending at the time of death. The claim is also deemed presented if court action against the Personal Representative is commenced within the time for presenting a claim. Nebraska Probate Code § 30-2486(2).

COMMENTS: Since the Nebraska Probate Code provides that claims will be deemed allowed unless expressly disallowed and since the Personal Representative seeking the protection of Court approval of claims must file a separate petition for such approval, Form 315, the claim form does not include space for allowance by the Personal Representative or approval by the Court. A claimant should also consider the implications of the Pope decision (733 F.2d 396 (1986)) in determining whether an exception to the normal claims bar may apply.

Note: Nebraska Probate Code § 30-2485(c)(2) provides that the time limitations specified in that section do not apply to liability claims against the Decedent or the Personal Representative to the extent that they are "protected by liability insurance."

Note: County Court Rule 37 provides that claims of the Personal Representative against the Decedent which arose prior to the date of death in excess of an aggregate of $250 must be approved by the Court.