Fill and Sign the Summary Administration Package for Small Estates Nebraska Form

Prepared by U.S. Legal Forms, Inc. Copyright 2016 - U.S. Legal Forms, Inc. STATE OF NEBRASKA SUMMARY ADMINISTRATION PACKAGE Control Number – NE - ET20 - 1 - NOTES ON COMPLETING THESE FORMS The form(s) in this packet contain “form fields” created using Microsoft Word. “Form fields” facilitate completion of the forms using your computer. They do not limit you ability to print the form “in blank” and complete with a typewriter or by hand. It is also helpful to be able to see the location of the form fields. Go to the View menu, click on Toolbars, and then select Forms. This will open the forms toolbar. Look for the button on the forms toolbar that resembles a “shaded letter “a”. Click in this button and the form fields will be visible. By clicking on the appropriate form field, you will be able to enter the needed information. In some instances the form field and the line will disappear after information is entered. In other cases it will not. This is appropriate and the way the form is designed to function. DISCLAIMER These materials were developed by U.S. Legal Forms, Inc. based upon statutes and forms for the State of Nebraska. All Information and Forms are subject to this Disclaimer: All forms in this package are provided without any warranty, express or implied, as to their legal effect and completeness. Please use at your own risk. If you have a serious legal problem we suggest that you consult an attorney. U.S. Legal Forms, Inc. does not provide legal advice. The products offered by U.S. Legal Forms (USLF) are not a substitute for the advice of an attorney. THESE MATERIALS ARE PROVIDED "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OF INTELLECTUAL PROPERTY, OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT SHALL U. S. LEGAL FORMS, INC. OR ITS AGENTS OR OFFICERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE MATERIALS, EVEN IF U.S. LEGAL FORMS, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. - 2 - SUMMARY ADMINISTRATION PACKAGE NE-ET20 INCLUDED: Form One - Petition for Informal Appointment of Personal Representative/Informal Probate of Will Form Two - Notice of Petition Form Three - Proposed Order Approving Petition Form Four - Inventory and Appraisement Form Five - Sworn Closing Statement Selected Nebraska Statutes PLEASE NOTE: The following is a limited set of instructions regarding the use of the included forms. Step One – Submit a petition to the probate court requesting to be named as the estate administrator, or if there is a will to admit the will to probate. Notice of this petition must be given to given to any interested person who has demanded it, to any former administrators of the estate, and to any other party entitled to be appointed. Step Two – Contact the court administrator regarding a hearing date for the petition. Step Three – Upon approval of petition by probate judge, tender to the judge an order approving the petition, and provide notice of the approval to interested parties. Step Four – Prepare an accounting of the estate and provide a copy to any interested party who has requested one. Step Five – Distribute the estate and file a closing statement. - 3 - IN THE       COURT OF       , COUNTY, NEBRASKA In the Matter of the Estate of Case. No                                                                   Deceased PETITION FOR INFORMAL APPOINTMENT AS PERSONAL REPRESENTATIVE OR INFORMAL PROBATE OF WILL COMES NOW ,       , and files this Petition for Informal Appointment as Personal Representative or Informal Probate of Will and would show unto the court as follows: 1. The petitioner,       , of the following address and telephone number,       , holds an interest in the estate of the deceased through the following relationship, that of       . 2. The decedent,       , aged       years, a resident of       County, residing at       , passed from this life at on the       day of       , 20       , with without a will. 3. The following are the names and addresses of all parties with an interest in the estate of the decedent, including the age of any who is a minor and the relationship of each heir and devisee to the decedent, so far as is known to the petitioner. Name Address Age/Relationship                                                 4. The following is the name and address of any personal representative of the decedent appointed in this State or elsewhere whose appointment has not been terminated, if any.       . 5. A Will exists. The original of the decedent's Last Will is in the possession of this Court, or accompanies this application, or an authenticated copy of a Will probated in another jurisdiction accompanies this application. Further, the applicant, to the best of the applicant's knowledge, believes the Will to have been validly executed, and that after the exercise of reasonable diligence, the applicant is unaware of any instrument revoking the Will, and that the applicant believes that the instrument which is the subject of the application is the decedent's Last Will. The Will was executed on the       day of - 1 -       , 20       , and was tendered for probate or an application for probate was filed on the       day of       , 20       . 6. A will does not exist, and that after the exercise of reasonable diligence, the applicant is unaware of any unrevoked testamentary instrument relating to property having a situs in this State or any instrument purporting to be a Will of the decedent. 7. The petitioner has has not received a demand for notice, and/or is is not aware of any demand for notice of any probate or appointment proceeding concerning the decedent that may have been filed in this State or elsewhere. THEREFORE, PREMISES CONSIDERED, the petitioner would respectfully request that this Court issue an order informally appointing the petitioner as personal representative of this estate with authority to resolve said estate through the process of summary administration, or informally admitting the will of the decedent to probate, as well as any other relief that the Court finds appropriate. Under penalties of perjury, the undersigned declares that he is the petitioner named in the foregoing petition and knows the contents thereof; that the pleading is true of his own knowledge and belief, and that the statements contained in the application are true. This the       day of       , 20       . _________________________________ Petitioner I       say on oath or affirm that I have read the foregoing (or attached) document and believe all statements made in the document are true. _________________________________ Signature - 2 - Subscribed and sworn to or affirmed before me at       , on the       day of       , 20       . _________________________________ Signature of Officer       Title of Officer Acknowledgment of Individual State of Nebraska County of       The foregoing instrument was acknowledged before me this __________________ (date) by ______________________________ (name of person). Notary Public My commission expires:       Type or Print Name - 3 - IN THE       COURT OF       , COUNTY, NEBRASKA In the Matter of the Estate of Case. No             Deceased NOTICE OF HEARING ON PETITION FOR INFORMAL APPOINTMENT AS ADMINISTRATOR OR INFORMAL PROBATE OF WILL PLEAE TAKE NOTICE , that       filed with the court a Petition for Informal Appointment as Personal Representative or Informal Probate of Will. A hearing on the petition has been set for the       day of       , 20       , at the hour of             .M. at the above-named Court which is located at       , Nebraska. DATED this the       day of       , 20       . ____________________________________ Signature Name:       Address:       City/State/Zip:       Telephone:       - 1 - IN THE       COURT OF       , COUNTY, NEBRASKA In the Matter of the Estate of Case. No             Deceased ORDER APPROVING PETITION Upon consideration of the petition of       , this Court finds that said Petition is well taken and it is hereby ordered that: The petitioner be informally appointed as personal representative of the estate of       , and be granted authority as a personal representative, with all the entitlements and responsibilities inherent thereto. The Petitioner’s request that the will of the above-named decedent be entered for informal probate is hereby granted. SO ORDERED THIS THE       DAY OF       , 20       . _______________________________ Judge of the Probate Court - 1 - IN THE       COURT OF       , COUNTY, NEBRASKA In the Matter of the Estate of Case. No             Deceased NOTICE OF APPROVAL OF PETITION FOR INFORMAL APPOINTMENT AS ADMINISTRATOR OR INFORMAL PROBATE OF WILL PLEAE TAKE NOTICE , that       filed with the court a Petition for Informal Appointment as Personal Representative or Informal Probate of Will on or about the       day of       , 20       . Said petition was approved by order of the Court on the       day of       , 20       . Any creditors to the estate of the deceased must present their claims to the undersigned personal representative at the following address       , within three (3) months after the date of the first publication or mailing of the notice or be forever barred. DATED this       day of       , 20       . ____________________________________ Signature Name:       Address:       City/State/Zip:       Telephone:       - 1 - IN THE       COURT OF       , COUNTY, NEBRASKA In the Matter of the Estate of Case. No             Deceased NOTICE OF APPOINTMENT AS PERSONAL ADMINISTRATOR PLEASE TAKE NOTICE , that       filed with the court a Petition for Informal Appointment as Personal Representative or Informal Probate of Will on or about the       day of       , 20       . Said petition was approved by order of the Court on the       day of       , 20       . Pursuant to statute, this notice is provided to the heirs and devisees of the decedent no later than thirty (30) days after the appointment of the personal representative and provides notice of the following: 1. The name and address of the personal representative of the decedent is       . 2. A bond has been filed. A bond has not been filed. 3. The Court in which documents relating to the administration of this estate may be found is located at and described as:       . 4. The estate is being administered by the personal representative under the uniform probate code without supervision by the court. Recipients of this notice are entitled to information regarding the administration from the personal representative and may petition the court in any matter relating to the estate, including distribution of assets and expenses of administration. DATED this       day of       , 20       . ____________________________________ Signature Name:       Address:       City/State/Zip:       Telephone:       - 1 - IN THE       COURT OF       , COUNTY, NEBRASKA In the Matter of the Estate of Case. No             Deceased Inventory and Appraisement COMES NOW ,       , as duly appointed administrator of the estate of       , deceased, and pursuant to Nebraska statute §30-2467 hereby provides the following inventory and appraisement of the assets of the estate of the above-named decedent. ASSET DESCRIPTION FAIR MARKET VALUE DEBTS OWED ON ASSET, IF ANY.       This the       day of       , 20       . _________________________________ Signature - 1 - IN THE       COURT OF       , COUNTY, NEBRASKA In the Matter of the Estate of Case. No             Deceased SWORN CLOSING STATEMENT OF PERSONAL REPRESENTATIVE COMES NOW,       , as the personal representative of the decedent,       , and files this Sworn Statement for the purpose of closing this estate, and would attest to the following: 1. To the best of my knowledge, the value of the entire estate, l ess liens and encumbrances, does not exceed homestead allowance, exempt property, family allowance, costs and expenses of administration, reasonable funeral expenses, and reasonable and necessary medical and hospital expenses of the last illness of the decedent; 2. I have fully administered this estate by disbursing and distributing it to the persons entitled thereto. 3. I have sent a copy of this Closing Statement to all the distributees of this estate and to all creditors or other claimants of whom I am aware whose claims are neither paid nor barred and have furnished a full account in writing of the administration to the distributees whose interests are affected. I have read the foregoing Statement and know of my own knowledge that the facts stated therein are true and correct. This the       day of       , 20       . ___________________________________ Signature State of Nebraska County of __________________ The foregoing instrument was acknowledged before me this __________________ (date) by ______________________________ (name of person). Notary Public - 1 - My commission expires:       Type or Print Name - 2 - SELECTED NEBRASKA STATUTES 30-2414 Informal probate or appointment proceedings; application; contents. Applications for informal probate or informal appointment shall be directed to the registrar and verified by the applicant to be accurate and complete to the best of his knowledge and belief as to the following information: (1) Every application for informal probate of a will or for informal appointment of a personal representative, other than a special or successor representative, shall contain the following: (i) a statement of the interest of the applicant; (ii) the name and date of death of the decedent, his age, and the county and state of his domicile at the time of death, and the names and addresses of the spouse, children, heirs and devisees and the ages of any who are minors so far as known or ascertainable with reasonable diligence by the applicant; (iii) if the decedent was not domiciled in the state at the time of his death, a statement showing venue; (iv) a statement identifying and indicating the address of any personal representative of the decedent appointed in this state or elsewhere whose appointment has not been terminated; (v) a statement indicating whether the applicant has received a demand for notice or is aware of any demand for notice of any probate or appointment proceeding concerning the decedent that may have been filed in this state or elsewhere. (2) An application for informal probate of a will shall state the following in addition to the statements required by (1): (i) that the original of the decedent's last will is in the possession of the court, or accompanies the application, or that an authenticated copy of a will probated in another jurisdiction accompanies the application; (ii) that the applicant, to the best of his knowledge, believes the will to have been validly executed; and (iii) that after the exercise of reasonable diligence the applicant is unaware of any instrument revoking the will, and that the applicant believes that the instrument which is the subject of the application is the decedent's last will. (3) An application for informal appointment of a personal representative to administer an estate under a will shall describe the will by date of execution and state the time and place of probate or the pending application or petition for probate. The application for appointment shall adopt the statements in the application or petition for probate and state the name, address and priority for appointment of the person whose appointment is sought. (4) An application for informal appointment of an administrator in intestacy shall state in addition to the statements required by (1): (i) that after the exercise of reasonable diligence the applicant is unaware of any unrevoked testamentary instrument relating to property having a situs in this state under section 30-2210, or a statement why any such instrument of which he may be aware is not being probated; (ii) the priority of the person whose appointment is sought and the names of any other persons having a prior or equal right to the appointment under section 30-2412. (5) An application for appointment of a personal representative to succeed a personal representative appointed under a different testacy status shall refer to the order - 1 - in the most recent testacy proceeding, state the name and address of the person whose appointment is sought and of the person whose appointment will be terminated if the application is granted, and describe the priority of the applicant. (6) An application for appointment of a personal representative to succeed a personal representative who has tendered a resignation as provided in section 30- 2453(c), or whose appointment has been terminated by death or removal, shall adopt the statements in the application or petition which led to the appointment of the person being succeeded except as specifically changed or corrected, state the name and address of the person who seeks appointment as successor, and describe the priority of the applicant. 30-2415 Informal probate; duty of registrar; effect of informal probate. (a) Upon receipt of an application requesting informal probate of a will, the registrar, upon making the findings required by section 30-2416, shall issue a written statement of informal probate if at least one hundred twenty hours have elapsed since the decedent's death. Informal probate is conclusive as to all persons until superseded by an order in a formal testacy proceeding. No defect in the application or procedure relating thereto which leads to informal probate of a will, or in connection with the notice required by subsection (b) of this section, renders the probate void. (b) If a personal representative has not been appointed under section 30-2420 contemporaneously with the issuance of a written statement of informal probate, the clerk shall, within thirty days thereafter, publish notice once a week for three consecutive weeks in a newspaper having general circulation in the county where the written statement of informal probate has been issued. The first publication shall be made within thirty days after the statement is issued, shall be in a form prescribed by the Supreme Court, and shall give notice that a written statement of informal probate of a will of the decedent has been issued. The party instituting or maintaining the proceeding or his attorney is required to mail the published notice and give proof thereof in accordance with section 25-520.01. 30-2419 . Informal probate; notice; requirements . The moving party must give notice as described by section 30-2220 of his application for informal probate (1) to any person demanding it pursuant to section 30-2413; and (2) to any personal representative of the decedent whose appointment has not been terminated. No other notice of informal probate is required, except as provided in sections 30-2415(b) and 30-2420(c). 30-2220 . Notice of hearing; method and time of giving. (a) If notice of a hearing on any petition is required and except for specific notice requirements as otherwise provided, the petitioner shall cause notice of the time and place of hearing of any petition to be given to any interested person or his or her attorney if he or she has appeared by attorney or requested that notice be sent to his or her attorney. Notice shall be given: (1) If the identity and address of any person is known (i) by mailing a copy thereof at least fourteen days before the time set for the hearing by certified, registered, or ordinary first-class mail addressed to the person being notified at the post office address given in his or her demand for notice, if any, or at his or her office - 2 - or place of residence, if known, or (ii) by delivering a copy thereof to the person being notified personally at least fourteen days before the time set for the hearing; and (2) By publishing at least once a week for three consecutive weeks a copy thereof in a legal newspaper having general circulation in the county where the hearing is to be held, the last publication of which is to be at least three days before the time set for the hearing. If the action pending on which notice is required is a guardianship or conservatorship action under sections 30-2601 to 30-2661, publication shall be required only if the identity or address of any person required to be served is not known. (b) The court for good cause shown may provide for a different method or time of giving notice for any hearing. (c) Proof of the giving of notice shall be made on or before the hearing and filed in the proceeding. 30-2421 Informal appointment proceedings; proof and findings required. (a) In informal appointment proceedings, the registrar must determine whether: (1) the application for informal appointment of a personal representative is complete; (2) the applicant has made oath or affirmation that the statements contained in the application are true to the best of his knowledge and belief; (3) the applicant appears from the application to be an interested person as defined in section 30-2209(21); (4) on the basis of the statements in the application, venue is proper; (5) any will to which the requested appointment relates has been formally or informally probated; but this requirement does not apply to the appointment of a special administrator; (6) any notice required by section 30-2413 has been given; (7) from the statements in the application, the person whose appointment is sought has priority entitling him to the appointment. (b) Unless section 30-2455 controls, the application must be denied if it indicates that a personal representative who has not filed a written statement of resignation as provided in section 30-2453(c) has been appointed in this or another county of this state, that (unless the applicant is the domiciliary personal representative or his nominee) the decedent was not domiciled in this state and that a personal representative whose appointment has not been terminated has been appointed by a court in the state of domicile, or that other requirements of this section have not been met. 30-2423 . Informal appointment proceedings; notice requirements. The moving party must give notice as described by section 30-2220 of his intention to seek an appointment informally: (1) to any person demanding it pursuant to section 30- 2413; and (2) to any person having a prior or equal right to appointment not waived in writing and filed with the court. No other notice of an informal appointment proceeding is required, except as provided in section 30-2420(c) or in section 30-2483. 30-2467 . Duty of personal representative; inventory and appraisal. Within three months after appointment, a personal representative, who is not a special administrator or a successor to another representative who has previously discharged this - 3 - duty, shall prepare and file an inventory of property owned by the decedent at the time of death, listing it with reasonable detail and indicating as to each listed item its fair market value as of the date of the decedent's death and the type and amount of any encumbrance that may exist with reference to any item. The personal representative shall send a copy of the inventory to interested persons who request it and shall file the original of the inventory with the court. 30-2483 . Notice to creditors . Unless notice has already been given under this article and except when an appointment of a personal representative is made pursuant to subdivision (4) of section 30-2408, the clerk of the court upon the appointment of a personal representative shall publish a notice once a week for three successive weeks in a newspaper of general circulation in the county announcing the appointment and the address of the personal representative, and notifying creditors of the estate to present their claims within two months after the date of the first publication of the notice or be forever barred. The first publication shall be made within thirty days after the appointment. The party instituting or maintaining the proceeding or his attorney is required to mail the published notice and give proof thereof in accordance with section 25-520.01. 30-24,127 . Small estates; summary administrative procedure. If it appears from the inventory and appraisal that the value of the entire estate, less liens and encumbrances, does not exceed homestead allowance, exempt property, family allowance, costs and expenses of administration, reasonable funeral expenses, and reasonable and necessary medical and hospital expenses of the last illness of the decedent, the personal representative, without giving notice to creditors, may immediately disburse and distribute the estate to the persons entitled thereto and file a closing statement as provided in section 30-24,128. 30-24,128 . Small estates; closing by sworn statement of personal representative. (a) Unless prohibited by order of the court and except for estates being administered by supervised personal representatives, a personal representative may close an estate administered under the summary procedures of section 30-24,127 by filing with the court, at any time after disbursement and distribution of the estate, a verified statement stating that: (1) to the best knowledge of the personal representative, the value of the entire estate, less liens and encumbrances, did not exceed homestead allowance, exempt property, family allowance, costs and expenses of administration, reasonable funeral expenses, and reasonable and necessary medical and hospital expenses of the last illness of the decedent; (2) the personal representative has fully administered the estate by disbursing and distributing it to the persons entitled thereto; and (3) the personal representative has sent a copy of the closing statement to all distributees of the estate and to all creditors or other claimants of whom he is aware whose claims are neither paid nor barred and has furnished a full account in writing of his administration to the distributes whose interests are affected. (b) If no actions or proceedings involving the personal representative are pending in the court one year after the closing statement is filed, the appointment of the personal representative terminates. - 4 - (c) A closing statement filed under this section has the same effect as one filed under section 30-24,117. - 5 -