A petition or application for probate of will, adjudication of intestacy, appointment of a personal representative, guardian or conservator shall be subject, on the court's own motion and with or without prior notice to interested persons, to dismissal without prejudice when it appears from the records of the court that no action on the petition or application has been taken by the petitioner or applicant for 4 months or longer, and nothing appears in the records of the court which may explain or excuse the delay. If the dismissal is ordered without notice, the clerk of the court shall promptly notify the petitioner or applicant and attorney of record of such action.
§ 6-1447.Dismissal for failure to act.
Article 14: Uniform County Court Rules of Practice and Procedure · Not amended since adoption on record · Last verified July 22, 2026
In one sentenceThis rule authorizes the court to dismiss without prejudice a stalled petition or application for probate, or for appointment of a personal representative, guardian, or conservator, once four months pass with no action and no explanation in the record.
Full Text of § 6-1447
Plain-English Summary
Cases do not always move forward on their own. § 6-1447 gives the county court a way to clear its docket of petitions that have stalled: a petition or application for probate of a will, adjudication of intestacy, or appointment of a personal representative, guardian, or conservator can be dismissed without prejudice once the court's own records show that four months or more have passed without any action by the petitioner or applicant, and nothing in those records explains the delay.
The court can act on this basis on its own motion, with or without giving prior notice. Dismissal without prejudice means the underlying request is not gone for good — the petitioner or applicant can refile — but the stalled case does not sit open indefinitely in the meantime. As with the companion rule on failing to qualify, if the court dismisses without prior notice, the clerk has to promptly notify the petitioner or applicant and their attorney of record of the dismissal.
Frequently Asked Questions
How long does a petition have to sit inactive before it can be dismissed under this rule?
Four months or longer with no action taken, and no explanation for the delay in the court's records.
Does the court need to give notice before dismissing?
No. It may act on its own motion with or without prior notice.
Is a dismissal under this rule final?
No. It is without prejudice, so the petitioner or applicant can refile.
What kinds of petitions can be dismissed this way?
Petitions or applications for probate of a will, adjudication of intestacy, or appointment of a personal representative, guardian, or conservator.
What happens if the court dismisses without giving notice first?
The clerk of the court promptly notifies the petitioner or applicant and the attorney of record of that action.
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: dismissal without prejudice probate nebraskainactive guardianship petition dismissedfour months no action county courtstalled probate case dismissedpetition dismissed lack of prosecution