How Do I See A Copy of The Will in Nebraska?
Full Question:
Answer:
Typically, the family members are not required to receive a copy of the will. A will that has been submitted for probate is a public document and anyone can go to the court and obtain a copy. If you cannot go to the court yourself, you can hire a lawyer to obtain a copy for you.
Once filed, a will becomes a public document. In some cases, formal notices may be waived by summary procedures. The availability of summary administration varies by the value of the
estate and local laws.
The executor named in the will will be granted authority by the court in the probate process to handle the decedent's affairs, such as paying debts owed and distributing their assets. It is the executor's responsibility to collect and distribute the property of the decedent and pay the decedent's creditors. The executor has a duty to act in a trustworthy and authorized manner in handling the estate of the decdent. If the executor acts outside the scope of his/her authority, in bad faith, or against the wishes of the decedent, the exectutor may be personally liable. An inventory must be filed as required by the following NE statute:
30-2467 Duty of personal representative; inventory and
appraisal.
Within three months after appointment, a personal representative,
who is not a special administrator or a successor to another
representative who has previously discharged this duty, shall prepare
and file an inventory of property owned by the decedent at the time of
death, listing it with reasonable detail and indicating as to each
listed item its fair market value as of the date of the decedent's
death and the type and amount of any encumbrance that may exist with
reference to any item.
The personal representative shall send a copy of the inventory to
interested persons who request it and shall file the original of the
inventory with the court.
The following is another NE statute:
30-24,117 Closing estates; by sworn statement of personal
representative.
(a) Unless prohibited by order of the court and except for estates
being administered in supervised administration proceedings, a
personal representative may close an estate by filing with the court
no earlier than five months after the date of original appointment of
a general personal representative for the estate, a verified statement
stating that he, or a prior personal representative whom he has
succeeded, has:
(1) published notice to creditors as provided by section 30-2483 and
that the first publication occurred more than four months prior to the
date of the statement;
(2) fully administered the estate of the decedent by making payment,
settlement or other disposition of all claims which were presented,
expenses of administration and estate, inheritance and other death
taxes, except as specified in the statement, and that the assets of
the estate have been distributed to the persons entitled. If any
claims remain undischarged, the statement shall state whether the
personal representative has distributed the estate subject to possible
liability with the agreement of the distributees or it shall state in
detail other arrangements which have been made to accommodate
outstanding liabilities; and
(3) sent a copy thereof to all distributees of the estate and to all
creditors or other claimants of whom he is aware whose claims are
neither paid nor barred and has furnished a full account in writing of
his administration to the distributees whose interests are affected
thereby.
(b) If no proceedings involving the personal representative are
pending in the court one year after the closing statement is filed,
the appointment of the personal representative terminates.