Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney about your specific situation.
Detailed Answer
Under Nebraska law, a personal representative must file a final accounting within one year of qualification. See Neb. Rev. Stat. §30-2461. If you need more time, you may request an extension from the county court under its general authority to manage probate deadlines. See Neb. Rev. Stat. §30-2480, which allows the court to extend time for taking actions required by the Probate Code for good cause shown.
Step 1: Identify the Current Deadline
Your deadline runs one year from the date you qualified as personal representative. Confirm the qualification date on your Letters Testamentary or Letters of Administration.
Step 2: Draft a Motion for Extension
Prepare a motion or petition labeled “Motion for Extension of Time to File Final Accounting.” Include:
- The full case caption and county court information.
- Your name as personal representative and the estate name.
- The current accounting deadline.
- A clear statement of good cause—examples include delays in asset liquidation, ongoing disputes among heirs, or difficulty obtaining valuations.
- The specific additional time requested (e.g., 90 more days).
Step 3: Serve Notice on Interested Parties
File your motion with the county court clerk and serve it on all interested persons, including heirs, beneficiaries and known creditors. Nebraska law requires service in the manner provided by Neb. Rev. Stat. §30-2452.
Step 4: File Supporting Documents
Include any supporting affidavits or declarations explaining why you need the extension. Attach a proposed order for the judge to sign if the motion is granted.
Step 5: Attend the Hearing
The court may schedule a hearing on your motion. Present your reasoning and answer any questions. If the judge finds good cause, you will receive a signed order extending the deadline.
Helpful Hints
- Start early—file at least 30 days before the deadline.
- Check local county court rules for any specific motion format.
- Include a proposed order with your motion to streamline the process.
- Keep proof of service for all interested parties.
- If your accounting involves complex assets or litigation, consider consulting a probate attorney.