30-2446. Bond required; exceptions; when court may require; required when value of estate will not permit summary procedures.

360 words·~2 min read·/ne/chapter-30/30-2446

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

(1)A bond shall be required of a personal representative unless:

(a)The will expressly waives the bond, expressly requests that there be no bond, or waives the requirement of a surety thereon other than the personal representative;

(b)all of the heirs, if no will has been probated, or all of the devisees under a will which does not provide for relieving the personal representative of bond in accordance with subdivision (1)(a) of this section, file with the court a written waiver of the bond requirement;

(c)a duly appointed guardian or conservator waives bond on behalf of a ward or protected person unless the guardian or conservator is the personal representative;

(d)a person eighteen years of age or older waives bond on the person's own behalf;

(e)the personal representative is a national banking association, a holder of a banking permit under the laws of this state, or a trust company holding a certificate to engage in trust business from the Department of Banking and Finance; or

(f)the petition for formal or informal appointment alleges that the probable value of the entire estate will permit summary procedures under section 30-24,127 .

(2)In any case when bond is not required under subsection

(1)of this section, the court may, upon petition of any interested person and upon reasonable proof that the interest of the petitioning person is in danger of being lost because of the administration of the estate, require a bond in such amount as the court may direct in order to protect the interest of the petitioner or of the petitioner and others. An heir or devisee who initially waived bond may be a petitioner under this subsection.

(3)If a bond is not initially required because the petition for appointment alleges that the probable value of the entire estate will permit summary procedures under section 30-24,127 , and it later appears from the inventory and appraisal that the value of the estate will not permit use of such procedures, then the personal representative shall promptly file a bond unless one is not required for some other reason under subsection

(1)of this section.