What to do if you received no notice and a sibling filed a final accounting in a Nebraska probate
Short answer
If you are an heir or beneficiary and the personal representative (PR) or administrator sought approval of a final account without giving you notice, you can usually ask the county probate court to reopen the matter, set aside the approval, or allow you to file objections. Act quickly: courts favor finality, so the sooner you move the better. You will need to check the probate file, gather evidence that you did not get notice, and file a written motion or petition asking the court for relief. Consider getting a Nebraska probate attorney to help — probate procedure and deadlines can be strict.
Detailed answer — step-by-step under Nebraska law
1. Confirm your status and get the probate file
First, determine whether the case is open in county probate court and whether you are an interested person (an heir or a named beneficiary). Visit or contact the clerk of the county court where your parent’s estate was probated and ask for copies of the case docket, the final account, the PR’s petition for allowance, any notices mailed, and the court’s order approving the account. Nebraska courts keep probate records at the county level.
2. Check the court file for proof of notice
When the PR asks the court to approve a final account or to distribute estate assets, the PR usually has to give notice of the hearing to interested persons. Look for a certificate of mailing or an affidavit of service. If the file contains no proof you were served or mailed notice, that is important evidence in your favor.
3. Understand common remedies if you got no notice
Possible remedies include:
- Filing objections (exceptions) to the account and asking the court to deny approval or to require a corrected accounting.
- Filing a motion to set aside the court’s order approving the account or setting aside distributions based on lack of notice or improper service.
- Petitioning to reopen the estate to allow a new accounting, to surcharge the PR (hold them financially responsible) for improper distributions, or to remove the PR for misconduct.
- Pursuing civil claims against the PR if you suspect theft, conversion, or breach of fiduciary duty.
4. Timing and urgency
Procedural deadlines in probate can be short and strict. Courts favor finality, so waiting can make relief harder to obtain. If you truly received no notice, many courts will consider that a due-process problem and are willing to reopen a matter, but you should act as soon as you discover the approval or distribution. If distribution already occurred, the remedy may be reopening the estate and reversing distributions or pursuing surcharge claims against the PR.
5. What to include in your filings
Prepare the following and bring (or file) them with the court:
- A short affidavit describing when and how you learned of the final account or distribution, and stating you received no notice from the PR.
- Copies of any relevant documents (will, prior correspondence, bank records, or other proof you are an heir/beneficiary).
- A proposed motion or petition asking the court to set aside the order approving the accounting, to allow objections filed late because of lack of notice, or to reopen the estate for further accounting.
- A request for a hearing and for any interim relief (for example, an order freezing remaining estate assets, if any, or an order to preserve evidence).
6. Possible outcomes
The court may:
- Grant your motion and set a new hearing so you can object and the PR can produce a corrected accounting;
- Deny relief if the court finds proper notice was given or if reopening would prejudice other parties; or
- Order remedies such as surcharge against the PR, removal of the PR, or reversal of improper distributions if the PR acted improperly.
7. Statutes and resources
Nebraska’s probate statutes and the Nebraska courts’ probate information are the primary legal sources for procedure and practice. See the Nebraska Revised Statutes — Chapter 30 (probate and administration of estates) for statutory rules governing probate procedure and the duties of personal representatives: Neb. Rev. Stat., Chapter 30 (Probate). For general probate court information and forms, see the Nebraska Judicial Branch probate page: Nebraska Judicial Branch — Probate.
8. When to hire an attorney
Hire a Nebraska probate attorney if:
- Large sums or principal assets have already been distributed;
- You suspect misappropriation, fraud, or breach of fiduciary duty;
- Multiple heirs disagree about distributions; or
- You want someone to prepare pleadings and represent you at contested hearings.
An attorney can file the correct motion, meet strict deadlines, and argue legal issues such as lack of due process, improper service, or surcharge claims.
Helpful Hints
- Act fast. Even if you received no notice, courts may treat approvals as final if you wait too long.
- Get certified copies of every filing in the probate file — they are the best evidence of what the PR filed or mailed.
- Collect evidence that you live(d) at a different address or that the PR had your correct contact information yet did not send notice.
- File an affidavit of lack of notice with the court before or when you file your motion to reopen or object.
- If estate funds have been spent, ask the court for an accounting of distributions and consider asking the court to freeze remaining assets while the dispute proceeds.
- Consider mediation if relationships are strained but the estate is not large — courts sometimes order or encourage mediation to avoid costly litigation.
- Use free or low-cost resources: county court clerks can explain filing mechanics; legal aid organizations or bar association referral services can help you find a probate lawyer if you cannot afford one.