(a) If notice of a hearing on any petition is required and except for specific notice requirements as otherwise provided, the petitioner shall cause notice of the time and place of hearing of any petition to be given to any interested person or his or her attorney if he or she has appeared by attorney or requested that notice be sent to his or her attorney. Notice shall be given:
(1) If the identity and address of any person is known (i) by mailing a copy thereof at least fourteen days before the time set for the hearing by certified, registered, or ordinary first-class mail addressed to the person being notified at the post office address given in his or her demand for notice, if any, or at his or her office or place of residence, if known, or (ii) by delivering a copy thereof to the person being notified personally at least fourteen days before the time set for the hearing; and
(2) By publishing at least once a week for three consecutive weeks a copy thereof in a legal newspaper having general circulation in the county where the hearing is to be held, the last publication of which is to be at least three days before the time set for the hearing.
If the action pending on which notice is required is a guardianship or conservatorship action under sections 30-2601 to 30-2661, publication shall be required only if the identity or address of any person required to be served is not known.
(b) The court for good cause shown may provide for a different method or time of giving notice for any hearing.
(c) Proof of the giving of notice shall be made on or before the hearing and filed in the proceeding.
Notes of Decisions
Cited in
15
cases (
3 in the last 5 years), 1979–2025 · leading case:
In Re Est. of Sutherlin, 622 N.W.2d 657 (Neb. 2001).
In Re Est. of Sutherlin, 622 N.W.2d 657 (Neb. 2001).
· cites it 5× “But when notice is required in an estate proceeding, Neb. Rev. Stat. § 30-2220 (Cum. Supp. 2000) requires the petitioner to give notice of the time and place *304 of the hearing to any interested person at least 14 days in advance by mail when the addresses of the parties are…”
Kentopp v. Kentopp, 295 N.W.2d 275 (Neb. 1980).
· cites it 4× “(23) sell, mortgage, or lease any real or personal property of the estate or any interest therein for cash, credit, or for part cash and part credit, and with or without security for unpaid balances, except that unless authorized by will, real property may be sold only following…”
In Re Est. of Weingarten, 624 N.W.2d 653 (Neb. Ct. App. 2001).
· cites it 3× “) Neb. Rev. Stat. § 30-2220 (Reissue 1995) provides in pertinent part what notice must be given as follows: If notice of a hearing on any petition is required.”
In Re Est. of Chaney, 439 N.W.2d 764 (Neb. 1989).
· cites it 7× “Section 30-2406 (Reissue 1985), further, provides: In proceedings within the jurisdiction of the court where notice is required by this code or by rule, interested persons may be bound by the orders of the court in respect to property in or subject to the laws of this state by…”
In Re Est. of Wilson, 594 N.W.2d 695 (Neb. Ct. App. 1999).
· cites it 3× “Nor was there time to give notice of their petition for the appointment of a special administrator, since Neb. Rev. Stat. § 30-2220 (Reissue 1995) requires 14 days’ notice to known persons and 3 consecutive weeks of publication in a legal newspaper.”
In Re Est. of Corbett, 279 N.W.2d 89 (Neb. 1979).
· cites it 4× “Likewise, section 30-2220, R. R. S. 1943, arrived substantially unchanged from the Uniform Probate Code, section 1-401, and that language “(b) The court for good cause shown may provide for a different method or time of giving notice for any hearing,” (emphasis supplied), did…”
In re Est. of Marsh, 307 Neb. 893 (Neb. 2020).
· cites it 2× “18 Upon the filing of a petition to initiate this type of independent proceeding, the statute requires the court to “order the petition set for hearing” and to “cause notice thereof to be given to all persons interested in the estate of the deceased and the property described in…”
JR Simplot Co. v. Jelinek, 748 N.W.2d 17 (Neb. 2008).
“Simplot's "Demand for Notice" provided that [p]ursuant to Nebraska Probate Code § 30-2413, the undersigned hereby demands mailed notice pursuant to Nebraska Probate Code § 30-2220(a)( l ) of any of the following orders or filings pertaining to the estate of the above deceased: .”
Black v. Nebraska Dep't of Soc. Servs., 548 N.W.2d 18 (Neb. Ct. App. 1996).
· cites it 2× “and place of hearing of a petition for the appointment of a guardian of a minor is to be given *730 by the petitioner in the manner prescribed by section 30-2220 to: (1) the minor, if he is fourteen or more years of age; (2) the person who has had the principal care and custody…”
In re Margaret L. Matthews Revocable Trust, 979 N.W.2d 259 (Neb. 2022).
· cites it 6× “19 Section 30-2220(a)(2) states that notice by publication can be accomplished by publishing at least once a week for three con- secutive weeks a copy thereof in a legal newspaper having gen- eral circulation in the county where the hearing is to be held, the last publication of…”
In re Est. of Filsinger, 29 Neb. Ct. App. 809 (Neb. Ct. App. 2021).
· cites it 7× “If a personal representative files a peti- tion for an order of complete settlement, he or she is required to give all interested persons notice, consistent with Neb. Rev. Stat. § 30-2220 (Reissue 2016), the general notice provision of the probate code.”
In Re Est. of Casselman, 365 N.W.2d 805 (Neb. 1985).
· cites it 3× “Proper notice was given to all parties of the hearing, as required by Neb. Rev. Stat. § 30-2220 (Reissue 1979).”
— Neb. Rev. Stat. § 30-2220(a) — 3 cases
JR Simplot Co. v. Jelinek, 748 N.W.2d 17 (Neb. 2008).
“Simplot's "Demand for Notice" provided that [p]ursuant to Nebraska Probate Code § 30-2413, the undersigned hereby demands mailed notice pursuant to Nebraska Probate Code § 30-2220(a)( l ) of any of the following orders or filings pertaining to the estate of the above deceased: .”
In Re Est. of Chaney, 439 N.W.2d 764 (Neb. 1989).
“Section 30-2406 (Reissue 1985), further, provides: In proceedings within the jurisdiction of the court where notice is required by this code or by rule, interested persons may be bound by the orders of the court in respect to property in or subject to the laws of this state by…”
In re Est. of Filsinger, 29 Neb. Ct. App. 809 (Neb. Ct. App. 2021).
“If a personal representative files a peti- tion for an order of complete settlement, he or she is required to give all interested persons notice, consistent with Neb. Rev. Stat. § 30-2220 (Reissue 2016), the general notice provision of the probate code.”
— Neb. Rev. Stat. § 30-2220(a)(2) — 1 case
In re Margaret L. Matthews Revocable Trust, 979 N.W.2d 259 (Neb. 2022).
“19 Section 30-2220(a)(2) states that notice by publication can be accomplished by publishing at least once a week for three con- secutive weeks a copy thereof in a legal newspaper having gen- eral circulation in the county where the hearing is to be held, the last publication of…”
— Neb. Rev. Stat. § 30-2220(c) — 1 case
In re Margaret L. Matthews Revocable Trust, 979 N.W.2d 259 (Neb. 2022).
“19 Section 30-2220(a)(2) states that notice by publication can be accomplished by publishing at least once a week for three con- secutive weeks a copy thereof in a legal newspaper having gen- eral circulation in the county where the hearing is to be held, the last publication of…”
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