30-2420. Informal appointment proceedings; delay in order; duty of registrar; effect of appointment.

342 words·~2 min read·/ne/chapter-30/30-2420

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

(a)Upon receipt of an application for informal appointment of a personal representative other than a special administrator as provided in section 30-2457 , if at least one hundred twenty hours have elapsed since the decedent's death, the registrar, after making the findings required by section 30-2421 , shall appoint the applicant subject to qualification and acceptance; Provided, that if the decedent was a nonresident, the registrar shall delay the order of appointment until thirty days have elapsed since death unless the personal representative appointed at the decedent's domicile is the applicant, or unless the decedent's will directs that his estate be subject to the laws of this state.

(b)The status of personal representative and the powers and duties pertaining to the office are fully established by informal appointment. An appointment, and the office of personal representative created thereby, is subject to termination as provided in sections 30-2451 to 30-2455 , but is not subject to retroactive vacation.

(c)In addition to the notices required by section 30-2413 , after a personal representative is appointed pursuant to the provisions of this section, the clerk shall, within thirty days after the appointment, cause notice of the appointment to be published once a week for three consecutive weeks in a newspaper having general circulation in the county where the appointment has been made. The first publication shall be made within thirty days after appointment.

The published notice shall be in a form prescribed by the Supreme Court and shall contain the following:

(1)notice of the appointment, and

(2)notice that a written statement of informal probate of a will of decedent has been issued if such is the case. 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 .

In the absence of qualification, the issuance of letters of personal representative as part of the appointment process is not authorized by this section. In re Estate of Severson, 310 Neb. 982, 970 N.W.2d 94 (2022).