Detailed Answer
Under Nebraska law, once you file a petition for probate, the county court clerk normally sets a hearing date. If no hearing is scheduled, you can follow these steps to request and schedule one.
- Confirm Filing and Case Number: Verify that the court has accepted and docketed your petition for appointment of a personal representative. You need the case number and filing date.
- Review the Probate Code: Nebraska Revised Statute § 30-248 states that the clerk should set a hearing date within seven to twenty-one days after filing. See Neb. Rev. Stat. § 30-248.
- Contact the Court Clerk: Call or visit the local county court clerk’s office. Provide your case number and politely request the hearing date. Clerks often handle scheduling directly and can inform you of open slots.
- File a Motion to Set Hearing: If the clerk cannot or will not schedule, prepare a Motion to Set Hearing under the Nebraska general motion rule. Reference Neb. Rev. Stat. § 25-2743, which authorizes the court to grant relief on motions. In the motion:
- Caption the case and include the court’s name, case number, and parties.
- Explain that no hearing date has been set despite filing the petition.
- Propose one or more dates and times when you and interested parties can appear.
- Sign and date the motion, and include your contact information.
- Prepare and Serve a Notice of Hearing: Draft a Notice of Hearing specifying the date, time, and location once the court sets it. Under Neb. Rev. Stat. § 30-246, you must serve notice on all heirs, devisees, and creditors at least seven days before the hearing.
- File Proof of Service: After serving the notice, file an Affidavit of Service or Certificate of Mailing with the court to document proper notice.
- Pay Required Fees: Confirm any additional fees under the court fee schedule. See Neb. Rev. Stat. § 24-301 for fee information.
- Verify on Calendar: Check with the clerk or use the online docket system to confirm the hearing is officially scheduled.
Rules and forms may vary by county. Always review your local county court’s probate web page or contact the clerk for county-specific procedures and approved forms.
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a licensed attorney for personalized guidance.
Helpful Hints
- Review local court rules: Each county may have unique filing deadlines or form requirements.
- Use court-approved forms: Many Nebraska courts publish free probate form templates.
- Serve early: Mail notices promptly to meet the seven-day minimum requirement.
- Keep organized copies: Maintain filed, stamped documents and proof of service receipts.
- Visit self-help centers: Some county courts offer free in-person assistance for probate filings.
- Consider an attorney: Complex estates or contested matters often benefit from legal guidance.