Nebraska Probate Form 405 - Formal Order For Complete Settlement After Formal Testate Proceeding

FULL NAME OF FORM: Formal Order For Complete Settlement After Formal Testate Proceeding

WHEN TO USE THE FORM: This Order should be prepared in conjunction with the corresponding petition (Form 404). This Order is appropriate in a testate estate when a Personal Representative seeks a formal closing pursuant to Nebraska Probate Code § 30-24,115, when the previous administration of the estate has been formal. This form contains no reference to a determination of inheritance tax. As far as the probate forms are concerned, this is considered to be a separate proceeding (See Forms 520 and 521a or 521b). The petition requesting this Order cannot be filed before the expiration of the time for presenting claims. This form can be used to bind persons who were omitted as parties in, or were not given notice of, the formal testate proceeding.

HOW TO USE THE FORM: Once the corresponding petition has been filed and notice given to all interested parties, a hearing will be held. The Order, with a Schedule of Distribution attached (Form 422) will be signed and entered by the Court at this time. Paragraph F, stating the conditions that must be met before the appointment of the Personal Representative is terminated, should be completed by the Court.

WHEN NOT TO USE THE FORM: In any administration other than formal closing pursuant to Nebraska Probate Code § 30-24,115. COMMENT: See County Court General Rule 38 regarding payment of fees.