Nebraska Probate Form 370 - Deed Of Distribution By Personal Representative

WHEN TO USE THE FORM: The form should be utilized to establish evidence of title whenever distribution of real estate is made by a Personal Representative.

HOW TO USE THE FORM: The form should be completed as indicated.

WHEN NOT TO USE THE FORM: This form should not be used in conjunction with a sale of real estate.

COMMENTS: Prior to execution of this form for a distribution in kind it will generally be desirable to furnish a schedule of proposed distribution pursuant to Nebraska Probate Code § 30-24,105(b) to foreclose objections. See NCLE Forms 422 and 423. Nebraska Probate Code § 30-24,106 provides that receipt of an instrument or Deed of Distribution is conclusive evidence that the Distributee has succeeded to the interest of the estate in the distributed assets as against all persons interested in the estate except that the Personal Representative may recover the assets or their value if the distribution was improper. Nebraska Probate Code § 30-24,108 further provides that a purchaser or lender for value from a Distributee takes title free of any claims of the estate.