Renunciation And Disclaimer

There are all sorts of forms executors, beneficiaries, and probate court clerks have to fill out and correspond with during probate and estate settlement, including affidavits, letters, petitions, summons, orders, and notices.

Renunciation And Disclaimer is a commonly used form within Nebraska. Here’s an overview of what the form is and means, including a breakdown of the situations when (or why) you may need to use it:

Atticus Fast Facts About Renunciation And Disclaimer

Sometimes it’s tough to find a quick summary— here’s the important details you should know about Renunciation And Disclaimer:

• This form pertains to the State of Nebraska

Government forms are not typically updated often, though when they are, it often happens rather quietly. While Atticus works hard to keep this information about Nebraska’s Form Renunciation And Disclaimer up to date, certain details can change from time-to-time with little or no communication.

Step 1 - Download the correct Nebraska form based on the name and ID if applicable

Double check that you have both the correct form name and the correct form ID. Some Nebraska probate forms can look remarkably similar, so it’s best to double, even triple-check that you’re using the right one! Keep in mind that not all States have a standardized Form ID system for their probate forms.

Step 2 - Complete the Document

Fill out all relevant fields in Form Renunciation And Disclaimer, take a break, and then review. Probate and estate settlement processes in NE are long enough to begin with, and making a silly error can push your timeline even farther back. No thank you!

Note: If you don’t currently know all of the answers and are accessing Form Renunciation And Disclaimer online, be sure to avoid closing the browser tab and potentially losing all your progress (or use a platform like Atticus to help avoid making mistakes).

Step 3 - Have Form witnessed or notarized (if required)

Some States and situations require particular forms to be notarized. If you have been instructed to get the document notarized or see it in writing on the document, then make sure to hire a local notary. There are max notary fees in the United States that are defined and set by local law. Take a look at our full guide to notary fees to make sure you aren’t overpaying or getting ripped off.

Step 4 - Submit Renunciation And Disclaimer to the relevant office

This is most often the local probate court where the decedent (person who passed away) is domiciled (permanently resides) or the institution involved with this particular form (e.g. a bank). Some offices allow you to submit forms online, other’s don’t, and we while we generally recommend going in-person to expedite the process, sometimes that simply isn’t an option.

It’s also a generally good idea to establish a positive working relationship with any probate clerk (unfortunately there’s enough people & process out there making things more difficult and unnecessarily confusing for them), so a best practice is to simply ask the probate clerk proactively exactly how and where they’d prefer you to submit all forms.

Need help getting in touch with a local probate court or identifying a domicile probate jurisdiction?

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Different probate forms or processes can require different deadlines or response times for completing the appropriate form.

While some steps in the process are bound to specific deadlines (like petitioning for probate, having to submit an inventory of assets, or filing applicable notices to creditors and beneficiaries), many probate forms or processes are not tied to a specific deadline since the scope of work can vary based on situational factors or requirements involved.

Either way, there are a bunch of practical reasons why personal representatives should work to complete each step as thoroughly and quickly as possible when completing probate in Nebraska.

5 reasons you should submit this form as quickly as possible:

1. The sooner you begin, the faster Nebraska can allow heirs and beneficiaries to get their share of assets subject to probate. Acting promptly can also decrease the costs & overall mental fatigue through an otherwise burdensome process.
   
   Helpful Context: What’s the Difference Between Probate and Non-Probate Assets?

2. In general, creditors of an estate usually have around 3-6 months from the time you file notice to creditors to file any claims for debt against the deceased’s assets. If they don’t, then that debt is forfeited (and more importantly, the executor won’t be held personally responsible). So doing this sooner means you have a better idea of who is owed what and ensures you won’t get a surprise collector months later.

3. Not filing a will within 30 days (on average) could mean that the probate process proceeds according to intestate laws (laws that govern what happens to someone's stuff without a will) or is subject to unnecessary supervision by the probate court. And if you aren't directly related to the deceased (a.k.a. next of kin), this could also mean you lose your inheritance.

4. It’s important to file any necessary state tax returns on behalf of the deceased or estate by the following tax season in Nebraska. If you don’t, you could owe penalties and interest. This also includes any necessary federal tax returns such as Forms 1040, 1041, or even a Form 706 estate tax return.

5. If a house in the State of Nebraska is left empty (or abandoned) for a while, insurance can get dicey. For example, if the house burns down and no one has been there for a year, an insurance company may get out of paying your claim.

If you’re not using Atticus to get specific forms, deadlines, and timelines for Nebraska probate, then try and stay as organized as possible, pay close attention to the dates mentioned in any correspondence you have with the State’s government officials, call the local Nebraska probate clerk or court for exact answers regarding Form Renunciation And Disclaimer, and when in doubt— consult a qualified trust & estates lawyer for that area.

Renunciation And Disclaimer is one of the many probate court forms available for download through Atticus.

It may also be available through some Nebraska probate court sites, such as . In order to access the latest version, be updated with any revisions, and get full instructions on how to complete each form, check out the Atticus Probate & Estate Settlement software or consider hiring a qualified legal expert locally within Nebraska.

While Atticus automatically provides the latest forms, be sure to choose the correct version of Form Renunciation And Disclaimer f using any other site or resource in order to avoid having to re-complete the form process and/or make another trip to the Nebraska probate court office.

Renunciation And Disclaimer is a .pdf, so opening it should be as simple as clicking “View Form” from within the Atticus app or by clicking the appropriate link found on any Nebraska-provided government platform. Once you’ve opened the form, you should be able to directly edit the form before saving or printing.

Here’s the text, verbatim, that is found on Nebraska Form Renunciation And Disclaimer. You can use this to get an idea of the context of the form and what type of information is needed.

IN THE COUNTY COURT OF _________ COUNTY, NEBRASKA In The Matter of The Estate of ) CASE ________________ ) _________________, Deceased. ) RENUNCIATION AND DISCLAIMER ) ) I, ______________, a devisee of the entire estate under the Will of _______________ dated ___________________, which Will has been previously admitted to probate in this proceeding, a beneficiary of life insurance policies owned by the decedent and a joint owner of property with the decedent do hereby make the following described renunciation and disclaimer. This renunciation and disclaimer is made pursuant to and under the provisions of Nebraska Revised Statutes, §30-2352, and Internal Revenue Code §2518 and §2046 as amended. I hereby renounce and disclaim all interest in or claim to the following described life insurance whether as a beneficiary under the policy or under the other terms of the insurance contract; or as a devisee of the Estate: _______________________________________________________________________ I hereby renounce and disclaim all interest in or claim to the following described joint property which was held between the decedent and myself whether as a joint tenant or as devisee of the Estate: _______________________________________________________________________ I hereby renounce and disclaim all interest in or claim to the following described probate assets of this Estate to which I would otherwise be entitled and which would pass to me by right of devise under Article II of the above described Will: _______________________________________________________________________ I do hereby release and forever discharge the estate, and every part thereof, from any claim or interest to the above described renounced and disclaimed interests which may heretofore have accrued or might at any time hereafter accrue to me by reason of the laws of succession of the State of Nebraska or the laws of any other state which may be applicable in determining succession to the Estate of _______________; and by reason of any other laws of the State of Nebraska including but not limited to the laws on homestead exemption, exempt property and family allowance or the laws of any other state which may be applicable. I further agree that I will not at any time hereafter assert any claim of interest of any kind, nature or description, including a claim based upon my status as surviving spouse of ________________, in or to the above-described renounced and disclaimed interest. It is my intention in executing this instrument to terminate any and all interest which I may have had or may have now or in the future in and to the described renounced and disclaimed interest as effectively as would my death prior to the death of ________________. I declare that this renunciation is my irrevocable and unqualified refusal to accept the renounced interests. I direct that the original or duplicate original of this document be filed or otherwise delivered within the time and in the manner provided by Nebraska and federal law to the County Court of ________________ County, Nebraska, where the administration of the estate is pending; and to ___________________, Personal Representative of the Estate of ________________. In Witness Whereof, I have signed this renunciation and disclaimer this ____ day of __________________, 20____ . ____________________________________ Signature Name: ______________________________ Address: ____________________________ Phone: _____________________________ Email: ______________________________ STATE OF NEBRASKA ) ) SS COUNTY OF ____________ ) The undersigned, a Notary Public in and for the said County and State, hereby certify that __________________, whose name is signed to the foregoing renunciation and disclaimer and who is known to me, acknowledged before me on this day that, being well informed of her rights under the laws of the State of Nebraska and of the effect of the renunciation and disclaimer, she executed the same voluntarily on the day the same bears. Subscribed to and sworn before me this _____ day of __________________, 20 ____. ___________________________ Notary Public