Nebraska Probate Form 402 - Formal Petition For Complete Settlement After Informal Intestate Proceed

FULL NAME OF FORM: Formal Petition For Complete Settlement After Informal Intestate Proceeding

WHEN TO USE THE FORM: This Petition should be used in an intestate estate when a Personal Representative seeks a formal closing of administration pursuant to Nebraska Probate Code § 30-24,115 after an informal intestate proceeding. This Petition (or Forms 400, 404, 406) must be used in every supervised administration unless the Court issues contrary orders. The Personal Representative may file the Petition at any time after the expiration of the time for filing claims. Nebraska Probate Code § 30-2485. The Petition contains no reference to a Determination of Inheritance Tax. As far as the probate forms are concerned, this is considered to be a separate procedure. (See Forms 520 and 521a or 521b).

Notice to Creditors must be provided unless more than three (3) years has elapsed since the Decedent's death. If publication is to be dispensed with see Forms 107 and 108.

HOW TO USE THE FORM: The Final Accounting (form not included) and Schedule of Distribution (Form 422) should be filed at the time of the filing of the Petition. When the Petition is filed notice must be given to all interested parties and a hearing held before the Court, at which time the Order will be signed. These forms are designed to be utilized for the most commonly encountered circumstances. They must be revised to take care of the unusual alternatives which are available, including: (1) Partial intestacy; (2) Petition is filed by an interested person or other than the Personal Representative. As the forms indicate, they are designed for use where the Personal Representative initiates the proceeding. The statutes permit any interested person to initiate a formal closing and if the interested person is one other than the Personal Representative, the initiation may occur anytime after one year from the appointment of the Personal Representative.

WHEN NOT TO USE THE FORM: In any administration which is not to be formally closed pursuant to Nebraska Probate Code § 30-24,115, and in other obviously inapplicable situations such as after a formal testate proceeding or an intestate proceeding.

NOTE: County Court General Rule 38 requires that any accounting showing payment of Personal Representative or attorney fees must state whether the fee was by agreement of the parties or fixed by the Court.