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§ 6-1433. Notice of interested person duty; guardian and conservator notice requirements; court notice requirements.

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   (A) In all probate matters, it shall be the duty of the petitioner or applicant for probate of a will or appointment of a personal representative, guardian, or conservator to show in the petition or the application the names, relationship to the subject of the petition or application, and last known post office address of all interested persons. For purposes of this rule, interested persons shall include all those defined under Neb. Rev. Stat. § 30-2601 who have returned the notice of interested party form to the court; any governmental agency paying benefits on behalf of the ward, incapacitated person, protected person, or minor; and any person designated by order of the court to be an interested person. If any interested person is known by the petitioner, applicant, or the attorney for either to be incompetent or a minor, such fact shall be disclosed to the court.

   (1) In addition, the petitioner or applicant for appointment of guardian or conservator shall inform the court in the petition of the number of cases, if any, in which the person or entity being nominated is acting as guardian and/or conservator for other wards or protected persons at the time of the nomination. 

   (B) It shall be the duty of a guardian or conservator to:

   (1) notify the court of the change of address of the ward or protected person within 3 days of the change;

   (2) notify the court of the ward or protected person’s death within 3 days;

   (3) send a notice of right to object form with all inventories, notices of newly discovered assets, annual accountings, and condition of ward reports that are sent to interested parties;

   (4) send a notice of interested party form to all interested parties at the time of mailing the initial inventory; and

   (5) send all annual accountings, all inventories, all notices of newly discovered assets, and all condition of ward reports filed with the court to all interested parties unless waived by the court for good cause shown.

   (C) All courts shall:

   (1) hand out the Quick Reference Guide with sample forms attached to guardians and conservators when Letters are delivered;

   (2) ensure that all interested parties are on the certificate of mailing for inventories, annual accounting, condition of ward reports, and motions that are filed with the court. If all interested parties are not on the certificate of mailing, the court shall issue a Notice of Need for Corrective Action(s) form and send it to the person who filed the document(s) to correct the certificate of mailing and send the document to all interested parties; and

   (3) send out reminders to guardians and conservators indicating annual filing deadlines 45 days prior to the annual filing due date.

§ 6-1433 amended August 31, 2011, effective January 1, 2012; § 6-1433(B)(5) amended May 23, 2013, effective September 1, 2013; § 6-1433(C)(2) amended August 28, 2013, effective September 1, 2013; § 6-1443(A) and (A)(1) amended April 16, 2014, effective July 1, 2014.

Supreme Court Rules

This page was last modified on Monday, May 19, 2014