Petition for Probate of Will and for Letters Testamentary - Nebraska

PETITION FOR PROBATE OF WILL AND FOR LETTERS TESTAMENTARY

IN THE COUNTY COURT OF [COUNTY] COUNTY, NEBRASKA

TABLE OF CONTENTS

1. Caption and Case Information
2. Petitioner Information
3. Decedent Information
4. Basis for Jurisdiction and Venue
5. The Will Offered for Probate
6. Devisees and Beneficiaries
7. Heirs at Law Entitled to Notice
8. Nomination, Priority, and Qualification
9. Bond
10. Prayer for Relief
11. Verification
12. Notice of Hearing / Certificate of Service
13. Attachments Checklist

1. CAPTION AND CASE INFORMATION

IN THE MATTER OF THE ESTATE OF:

[DECEDENT FULL LEGAL NAME], also known as [AKA, if any], Deceased.

Case No.: [____________________________________]

Hearing Date: [__/__/____] Time: [____] Courtroom: [____]

Type of proceeding: ☐ Formal Testacy and Appointment (Neb. Rev. Stat. § 30-2426) ☐ Supervised Administration requested (Neb. Rev. Stat. § 30-2440)

2. PETITIONER INFORMATION

Name: [PETITIONER FULL LEGAL NAME]
Address: [STREET ADDRESS], [CITY], Nebraska [ZIP CODE]
Telephone: [________________________________]
Capacity / Interest of Petitioner: Personal Representative (Executor) nominated in the Last Will of the Decedent (Neb. Rev. Stat. § 30-2414(1)(i)).
Relationship to Decedent: [RELATIONSHIP]

3. DECEDENT INFORMATION

4. BASIS FOR JURISDICTION AND VENUE

a. The Decedent died testate on [__/__/____], leaving a Last Will and Testament dated [__/__/____].

b. At the time of death the Decedent was domiciled in [COUNTY] County, Nebraska. Venue for this first estate proceeding is proper in this county under Neb. Rev. Stat. § 30-2210 as the county where the Decedent was domiciled at death.

c. This petition requests a judicial order, after notice and hearing, as to the testacy of the Decedent in relation to the Will offered, and determining the heirs (Neb. Rev. Stat. §§ 30-2425, 30-2426(a)(1)).

d. ☐ Petitioner has not received and is not aware of any demand for notice of any probate or appointment proceeding concerning the Decedent (Neb. Rev. Stat. § 30-2414(1)(v)).

e. ☐ No personal representative of the Decedent has been appointed in Nebraska or elsewhere whose appointment has not been terminated (Neb. Rev. Stat. § 30-2414(1)(iv)).

5. THE WILL OFFERED FOR PROBATE

a. The Decedent executed a Last Will and Testament on [__/__/____] ☐ together with [____] codicil(s) dated [__/__/____].

b. ☐ The original Will is in the possession of the Court. ☐ The original Will accompanies this petition. ☐ The Will has been filed electronically, and the original will be delivered to the Court within ten (10) days after filing (Neb. Rev. Stat. § 30-2426(a)(3)).

c. The Will was attested by the following subscribing witnesses:

d. Proof of the Will:
☐ The Will is self-proved under Neb. Rev. Stat. § 30-2329 by the acknowledgment of the testator and affidavits of the witnesses; the signature requirements for execution are conclusively presumed and the Will may be admitted without the testimony of subscribing witnesses.
☐ The Will is not self-proved; due execution will be established by affidavit or testimony of a subscribing witness or other competent proof.

e. Petitioner believes the Will to have been validly executed, and after reasonable diligence is unaware of any instrument revoking it; Petitioner believes the instrument offered is the Decedent's last will (Neb. Rev. Stat. § 30-2414(2)(ii)–(iii)).

6. DEVISEES AND BENEFICIARIES

The devisees named to take under the Will, so far as known or ascertainable with reasonable diligence (Neb. Rev. Stat. § 30-2414(1)(ii)):

7. HEIRS AT LAW ENTITLED TO NOTICE

The Decedent's surviving spouse, children, and other heirs (those who would take by intestacy under Neb. Rev. Stat. § 30-2302 et seq.), so far as known or ascertainable (Neb. Rev. Stat. § 30-2414(1)(ii)):

☐ Surviving spouse: [NAME]

8. NOMINATION, PRIORITY, AND QUALIFICATION

a. The Will nominates [PETITIONER FULL LEGAL NAME] as personal representative (executor).

b. Under Neb. Rev. Stat. § 30-2412(a)(1), the person with priority as determined by a probated will, including a person nominated by a power conferred in the will, has first priority for appointment.

c. Petitioner is not disqualified: Petitioner is at least nineteen (19) years of age and the Court has not found Petitioner unsuitable (Neb. Rev. Stat. § 30-2412(f)).

d. ☐ Supervised administration is sought. ☐ Unsupervised administration is requested.

9. BOND

a. Under Neb. Rev. Stat. § 30-2445, no bond is required of a personal representative appointed in formal proceedings unless required by the will, requested by an interested person, or ordered by the Court.

☐ The Will does not require bond and none has been demanded; Petitioner requests appointment without bond.
☐ The Will requires bond, or bond has been demanded / ordered; Petitioner will furnish bond in the amount fixed by the Court (Neb. Rev. Stat. § 30-2447).

Estimated amount of bond, if required: $[________________]

10. PRAYER FOR RELIEF

WHEREFORE, Petitioner respectfully requests that the Court, after notice and hearing:

a. Enter an order finding the Decedent died testate and admitting the Last Will dated [__/__/____] (and any codicil) to formal probate (Neb. Rev. Stat. §§ 30-2425, 30-2426);

b. Determine the heirs of the Decedent;

c. Appoint Petitioner as personal representative (executor) pursuant to Neb. Rev. Stat. § 30-2412;

d. Direct issuance of Letters Testamentary to Petitioner upon qualification;

e. Require bond, or dispense with bond, as appropriate (Neb. Rev. Stat. §§ 30-2445, 30-2447);

f. Grant ☐ supervised ☐ unsupervised administration; and

g. Grant such other and further relief as the Court deems just and proper.

11. VERIFICATION

I, [PETITIONER FULL LEGAL NAME], declare that I have read the foregoing Petition and that it is accurate and complete to the best of my knowledge and belief.

Dated: [__/__/____]

Petitioner Signature: ______________________________________

Printed Name: [PETITIONER FULL LEGAL NAME]

STATE OF NEBRASKA, COUNTY OF [COUNTY] — Subscribed and sworn to before me this [__] day of [__________], 20[__].

Notary Public: ______________________________________ My commission expires: [__/__/____]

12. NOTICE OF HEARING / CERTIFICATE OF SERVICE

Upon commencement of this formal testacy proceeding, the Court shall fix the time and place of hearing. Petitioner shall give notice of the hearing to interested persons — including the surviving spouse, children, and heirs; the devisees and any executors named in the Will; and any unterminated personal representative — by mail or delivery not less than fourteen (14) days before the hearing, and by publication to persons whose addresses are unknown, as required by Neb. Rev. Stat. §§ 30-2429 and 30-2220.

Signature: ______________________________________
Printed Name: [PETITIONER / ATTORNEY NAME]
Nebraska Bar No.: [________________] (if applicable)
Firm / Address: [________________________________]
Telephone: [________________________________]
Email: [________________________________]

13. ATTACHMENTS CHECKLIST

☐ Original Last Will and Testament (and any codicils), or electronic filing followed by delivery of the original within 10 days (Neb. Rev. Stat. § 30-2426(a)(3))
☐ Self-proving affidavit under Neb. Rev. Stat. § 30-2329 (if applicable)
☐ Certified copy of Death Certificate
☐ Notice of Hearing and proof of mailing / publication (Neb. Rev. Stat. §§ 30-2429, 30-2220)
☐ Acceptance of Appointment and any required Bond (Neb. Rev. Stat. §§ 30-2445, 30-2447)
☐ Proposed Order admitting the Will to probate and appointing the personal representative
☐ Proposed Letters Testamentary
☐ Statement / acceptance of personal representative
☐ Filing fee payment

SOURCES AND REFERENCES

• Neb. Rev. Stat. § 30-2426 — Formal testacy or appointment proceedings; petition; contents: https://law.justia.com/codes/nebraska/chapter-30/statute-30-2426/
• Neb. Rev. Stat. § 30-2414 — Informal probate or appointment; application; contents: https://law.justia.com/codes/nebraska/chapter-30/statute-30-2414/
• Neb. Rev. Stat. § 30-2425 — Formal testacy proceedings; nature; when commenced: https://codes.findlaw.com/ne/chapter-30-decedents-estates-protection-of-persons-and-property/ne-rev-st-sect-30-2425/
• Neb. Rev. Stat. § 30-2329 — Self-proved will: https://nebraskalegislature.gov/laws/statutes.php?statute=30-2329
• Neb. Rev. Stat. § 30-2412 — Priority among persons seeking appointment: https://law.justia.com/codes/nebraska/chapter-30/statute-30-2412/