30-2416. Informal probate; proof and findings required.

452 words·~2 min read·/ne/chapter-30/30-2416

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)In an informal proceeding for original probate of a will, the registrar shall determine whether:

(1)the application is complete;

(2)the applicant has made oath or affirmation that the statements contained in the application are true to the best of the applicant's knowledge and belief;

(3)the applicant appears from the application to be an interested person as defined in subdivision

(21)of section 30-2209 ;

(4)on the basis of the statements in the application, venue is proper;

(5)either:

(i)an original, duly executed, and apparently unrevoked will is in the registrar's possession; or

(ii)the applicant has represented that an original, duly executed, and apparently unrevoked will is in the applicant's possession, the applicant has provided a true and accurate copy of such original will with the application, and the applicant has represented that the original, duly executed, and apparently unrevoked will will be delivered to the court within ten days after the filing of the application; and

(6)any notice required by section 30-2413 has been given and that the application is not within section 30-2417 .

(b)The application shall be denied if it indicates that a personal representative has been appointed in another county of this state or, except as provided in subsection

(d)of this section, if it appears that this or another will of the decedent has been the subject of a previous probate order.

(c)A will which appears to have the required signatures and which contains an attestation clause showing that requirements of execution under section 30-2327 , 30-2328 , or 30-2331 have been met shall be probated without further proof. In other cases, the registrar may assume execution if the will appears to have been properly executed, or the registrar may accept a sworn statement or affidavit of any person having knowledge of the circumstances of execution, whether or not the person was a witness to the will.

(d)Informal probate of a will which has been previously probated elsewhere may be granted at any time upon written application by any interested person, together with deposit of an authenticated copy of the will and of the statement probating it from the office or court where it was first probated.

(e)A will from a place which does not provide for probate of a will after death and which is not eligible for probate under subsection

(a)of this section may be probated in this state upon receipt by the registrar of a duly authenticated copy of the will and a duly authenticated certificate of its legal custodian that the copy filed is a true copy and that the will has become operative under the law of the other place.