If the person nominated as personal representative, guardian, or conservator is indebted to the estate or is a creditor of the estate, it shall be his or her duty and the duty of his or her attorney to so inform the court in writing before the appointment is made.
§ 6-1435.Creditor-debtor information.
Article 14: Uniform County Court Rules of Practice and Procedure · Not amended since adoption on record · Last verified July 22, 2026
In one sentenceRequires anyone nominated to serve as a personal representative, guardian, or conservator who owes money to the estate or is owed money by it to disclose that conflict in writing to the court, before being appointed.
Full Text of § 6-1435
Plain-English Summary
Section 6-1435 catches a conflict of interest before it becomes a problem. If the person nominated to serve as personal representative, guardian, or conservator is indebted to the estate, or is instead a creditor of it, that fact has to be put in writing and given to the court before the appointment is made.
The duty doesn’t rest on the nominee alone — the nominee’s attorney shares responsibility for making sure the court is informed. That double coverage reflects how easily such a conflict could otherwise slip past unnoticed: a fiduciary who owes the estate money, or who the estate owes money to, has a personal financial stake that could color decisions made in that role.
Disclosing the conflict doesn’t automatically disqualify the nominee. What it does is give the court the information it needs, before the appointment happens, to decide whether the appointment should proceed as proposed or whether some condition or different arrangement makes more sense.
Frequently Asked Questions
Who has to disclose a debt owed to or by the estate?
The person nominated as personal representative, guardian, or conservator, if that person is indebted to the estate or is a creditor of it.
Does the nominee’s attorney share this disclosure duty?
Yes. Section 6-1435 makes it the duty of both the nominee and the nominee’s attorney to inform the court in writing.
When does this disclosure have to happen?
Before the appointment is made.
Does having a debt with the estate automatically disqualify someone from serving?
The rule requires disclosure so the court can weigh the situation before appointment; it doesn’t itself state that a debt automatically bars appointment.
Why does this rule matter for the people relying on the estate?
It gives the court the chance to evaluate a fiduciary’s adverse financial interest before that person is put in control of the estate, guardianship, or conservatorship, rather than after.
Source & verification. Section text is
reproduced verbatim from the Nebraska Judicial Branch, adopted by the
Supreme Court of Nebraska. Last verified July 22, 2026. ·
Official source
Also known as: creditor conflict of interest personal representativeguardian owes money to estate disclosurefiduciary debt disclosure nebraska probatepersonal representative creditor rule