Nebraska Probate Form 409d - Notice Of Hearing On Final Settlement After Informal Probate Without De

WHEN TO USE THE FORM: The Personal Representative, and any devisee of an informally probated Will of the Decedent, as Petitioner, is required to publish and serve notice upon commencement of formal proceedings for final settlement after informal probate of the Will of a Decedent without any formal determination of testacy of the Decedent (adjudication of intestacy or probate of Will) and of proceedings for determination of inheritance tax.

HOW TO USE THE FORM: Use as printed (with appropriate modification if the Personal Representative is not the Petitioner).

1. Secure date and time for hearing in County Court at least three (3) days after anticipated last publication of notice and at least fourteen (14) days after commencement of formal proceedings, at least fourteen (14) days after anticipated service of copies of notice, and no more than four (4) weeks after commencement of formal proceedings.
2. Deliver completed form to publisher for publication in accordance with Instructions to Publisher.
3. Mail copies of published notice to the County Attorney, to the incumbent Personal Representative, if a devisee is the Petitioner, and to all other interested persons with known mailing address who have not waived service of notice not later than five (5) days after first publication of notice and not later than fourteen (14) days before the date of hearing.
4. Prepare and file with County Court affidavit of service of notice not later than ten (10) days after service of notice or ten (10) days after first publication of notice if there is no interested person with known address who has not waived service of notice.

WHEN NOT TO USE THE FORM: Do not use if testacy of the Decedent (adjudication of intestacy or probate of Will) has been determined in prior formal proceedings or is to be determined concurrently or if inheritance tax is not to be determined concurrently.

COMMENTS: See Nebraska Probate Code §§ 30-24,116, 30-2220(a)(2), 30-2215, 30-2445 and Neb. Rev. Stat. §§ 25-520.01, 77-2018.02(2) and 77-2018.03.