Nebraska Probate Form 412 - Informal Closing Of Estate By Verified Statement

WHEN TO USE THE FORM: To close an estate informally pursuant to Nebraska Probate Code § 30-24,117. This form may be filed no earlier than five (5) months after the date of the original appointment of the Personal Representative. The appointment of the Personal Representative terminates one (1) year after the closing statement is filed unless proceedings involving the Personal Representative are then pending in the Court.

As provided by Nebraska Probate Code § 30-24,119, the filing of a closing statement means that the rights of successors and of creditors whose claims have not otherwise been barred against the Personal Representative for breach of duty are barred unless a proceeding to assert the same is commenced within six (6) months after the filing of the closing statement. The rights barred do not include rights to recover for fraud, misrepresentation, or inadequate disclosure related to settlement of the estate.

HOW TO USE THE FORM: File with Court after the matters set forth in the statement have been completed. Send a copy of this form to all Distributees and to all creditors or other claimants of whom the Personal Representative is aware and whose claims are neither paid nor barred, together with a full accounting to the Distributees whose interests are affected thereby as required by Nebraska Probate Code § 30-24,117(a)(3). A certificate of mailing or delivery may be filed, but is not necessary as the form states that a copy has been furnished to all necessary persons.

If at the time of filing, any claims remain undischarged, the statement must state whether the estate has been distributed subject to possible liability with the agreement of the Distributees or other arrangements which have been made to accommodate the outstanding liabilities.

A Schedule of Distribution, if not previously sent to the Distributees, may be attached to the statement describing the shares of each of the Distributees of the estate. With an Informal Closing of Estate by Verified Statement, a Schedule of Distribution, accounting, and receipts may be filed with the Court but such filings are not required by statute.

WHEN NOT TO USE THE FORM: Do not use when prohibited by Order of the Court, supervised estate proceedings, or when a formal closing is appropriate.

COMMENTS: The "closing" by verified statement under Nebraska Probate Code § 30-24,117 is merely an affirmation by the Personal Representative that the Personal Representative believes the affairs of the estate are completed. The Personal Representative's authority is not terminated until one (1) year after the statement is filed, and then only if no Court proceedings involving the Personal Representative are then pending. Any creditor whose claim has not been barred and who has not been paid is permitted to assert a claim against Distributees under Nebraska Probate Code § 30-24,118. Even if the Personal Representative's authority is "terminated," the Personal Representative remains liable to suit unless protected by the Statute of Limitations. The limitation under Nebraska Probate Code § 30-24,119 will not protect the Personal Representative against fraud, misrepresentation or inadequate disclosure in the settlement of the estate.