§ 6-1445.01.Waivers of rules in guardianships and conservatorships; procedure.
Article 14: Uniform County Court Rules of Practice and Procedure · Last amended September 10, 2015 · Last verified July 22, 2026
In one sentenceThis rule provides the procedure for asking a county court to waive a rule requirement in a guardianship or conservatorship case for good cause, including notice, proof of service, and a shortcut when every interested person agrees in writing.
Full Text of § 6-1445.01
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(A)In a guardianship or a conservatorship proceeding, where a waiver for good cause shown is requested, the following procedures shall apply:
(1)A request for waiver shall be made upon application and may be considered by the court after a hearing upon notice to all interested persons. For purposes of this paragraph, interested persons shall include all those defined in § 6-1433(B)(2).
(2)Notice of any hearing shall be given by the applicant as required by the Nebraska Probate Code.
(3)Proof of sending the application and notice of hearing to all interested persons shall be filed with the court by the applicant.
(4)The hearing upon the application may be waived if the waiver requested is approved in writing by all interested persons. The court may then enter the order without further notice and without further hearing. For purposes of this paragraph, interested persons shall include all those defined in § 6-1433(B)(2).
(5)The court may enter an order specifying what rule requirements have been waived. Upon request by any interested person, the court shall set forth its findings in the order.
Amendment History
§ 6-1445.01 adopted May 23, 2013, effective September 1, 2013; § 6-1445.01(A)(1), and (A)(3)-(A)(5) amended September 10, 2015.
Plain-English Summary
Plenty of rules in this chapter can be waived for good cause, but § 6-1445.01 is the rule that spells out how to ask for that waiver. The request starts with an application, which the court may consider after a hearing with notice to every interested person. The applicant, not the court, bears responsibility for giving that notice under the Nebraska Probate Code, and for filing proof with the court that the application and hearing notice reached everyone who needed to see them.
The rule builds in a faster path for uncontested requests: if every interested person signs off in writing on the waiver being sought, the court can skip the hearing and notice altogether and enter the order directly. Either way, once the court rules, it enters an order identifying which specific rule requirements it has waived, and if any interested person asks, the court has to set out its findings supporting that decision in the order itself.
Frequently Asked Questions
How does a guardian or conservator ask the court to waive a rule requirement?
By filing an application, which the court may consider after a hearing with notice to interested persons.
Who is responsible for giving notice of a waiver request?
The applicant, following the notice requirements of the Nebraska Probate Code.
Can the hearing on a waiver request be skipped?
Yes, if the waiver being requested is approved in writing by all interested persons, the court may enter the order without further notice or hearing.
What must the court's order on a waiver request contain?
It must specify which rule requirements are waived, and include the court's findings if any interested person requests them.
What has to be filed to show notice was properly given?
Proof that the application and notice of hearing were sent to all interested persons, filed with the court by the applicant.
Source & verification. Section text and amendment history are
reproduced verbatim from the Nebraska Judicial Branch, adopted by the
Supreme Court of Nebraska. Last verified July 22, 2026. ·
Official source
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