In all probate matters where an interlocutory or final report is filed, or an account of administration to distributees is made in closing an estate by a sworn statement, or a schedule of distribution is filed with the court and any such document reports payment of any fee paid or to be paid to a personal representative, guardian, conservator, or attorney, the document must specify whether the fee was by agreement of the parties or was fixed by the court.
§ 6-1438.Report of fees to personal representative.
Article 14: Uniform County Court Rules of Practice and Procedure · Not amended since adoption on record · Last verified July 22, 2026
In one sentenceRequires any probate report, accounting, or schedule of distribution disclosing a fee paid or owed to a personal representative, guardian, conservator, or attorney to state whether that fee was set by agreement of the parties or fixed by the court.
Full Text of § 6-1438
Plain-English Summary
Section 6-1438 closes a transparency gap around fees. Whenever a probate filing — an interlocutory or final report, a sworn account of administration made in closing an estate, or a schedule of distribution — reports that a fee has been paid or is to be paid to a personal representative, guardian, conservator, or attorney, that document has to say how the fee amount was arrived at: by agreement of the parties, or fixed by the court.
That one added detail matters because it lets anyone reading the filing — the court, an interested person, a beneficiary — understand at a glance whether a fee reflects a negotiated arrangement or a court’s own determination, without having to dig through the file to find out. It applies every time such a document reports a fee, not just at the final closing of an estate.
Read alongside § 6-1437’s dollar limits and review rights for fiduciary claims and attorney fees, § 6-1438 makes sure the source of a fee is on the record right where the fee itself is disclosed.
Frequently Asked Questions
What does § 6-1438 require when a probate document reports a fee?
The document must specify whether the fee was set by agreement of the parties or fixed by the court.
Which filings does this rule cover?
Interlocutory or final reports, sworn accounts of administration made in closing an estate, and schedules of distribution filed with the court.
Does this apply to fees paid to an attorney, or only to the fiduciary?
It covers fees paid or to be paid to a personal representative, guardian, conservator, or attorney.
Why does it matter whether a fee was set by agreement or by the court?
It tells anyone reviewing the filing how the fee amount was reached, which bears on whether and how that fee might be questioned or reviewed.
Does this rule set a cap on how much a fee can be?
No. Section 6-1438 requires disclosure of how the fee was set; dollar limits on certain claims and fees appear separately in § 6-1437.
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: fee disclosure probate report nebraskareporting fees paid personal representativeattorney fee agreement or court orderschedule of distribution fee disclosure