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CC 16:2.9, the Inventory, Affidavit of Due Diligence, and Certificate of Mailing

The sworn list of what a Nebraska conservator or guardian holds for the protected person, with its monthly income and debts.

By Fidura staff. Last reviewed .

Who files
Every conservator, and every guardian
A guardian appointed by a juvenile court is the one exception.
When it’s due
30 days after appointment
Neb. Ct. R. §6-1442(A) (opens in a new tab)
Where
The county court that appointed you
Copies go by first-class mail to interested persons and the bonding company.
The form
Form CC 16:2.9
The court’s copy (PDF) (opens in a new tab)

Mail it with a Notice of Right to Object and a Waiver of Notice. Neb. Ct. R. §6-1442(A) (opens in a new tab)

What it asks for

List everything the protected person owns. The last part is your oath that the list is complete.

The parts of CC 16:2.9
PartWhat goes there
1Each account: bank, title, type, debit card, whether new, last four digits, balance. Then securities, vehicles, household goods and other property at present value
2Property held jointly, with whom, and its value
3Real property: address, legal description and value
4Income by source, as a monthly amount
5Credit cards and other debts, at the last statement’s balance
6Affidavit of due diligence, sworn before a notary or the clerk

The Certificate of Mailing at the end lists who you sent copies to, and when.

Common mistakes

Whole account numbers

The form asks for the last four digits only. It is mailed to every interested person.

Yearly income in part 4

Part 4 asks for each source’s monthly amount. Divide a yearly figure by 12.

Letters not filed with the Register of Deeds

If the person owns real property, file your Letters with the Register of Deeds in each county where it sits.

Assets found after filing

Any asset, gift, award, settlement or inheritance over $500 that is not on your current inventory goes on a Notice of Newly Discovered Assets (opens in a new tab) within 30 days of learning of it. §6-1442(E) (opens in a new tab)

After you file

A clerk magistrate, court staff or the guardian ad litem reviews the inventory. Problems go to a hearing. §6-1442(G) (opens in a new tab) Interested persons have 10 days from filing to object, as the Notice of Right to Object tells them.

The filing fee is $5. Neb. Rev. Stat. §33-126.02 (opens in a new tab)

If the inventory is still missing 30 days after it is due, the court must order you to show cause why you should not be removed. §6-1442(A) (opens in a new tab)

Your first account

Each account’s beginning balance in your first Packet C should match its balance on this inventory.

Sources

Also for Nebraska: CC 16:2.35, Conservator Annual Reporting Forms Packet C

We make Fidura, guardianship accounting software built on a reconciled register for each ward. See the product

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