§ 6-1443.Conservator / guardian Letters.

Article 14: Uniform County Court Rules of Practice and Procedure · Last amended April 1, 2020 · Last verified July 22, 2026

In one sentenceThis rule governs the paperwork required before and after a guardian or conservator receives their official Letters, the mandatory warning language limiting their power to pay themselves or sell property, the filing deadlines printed on the Letters, and the ban on ATM withdrawals or cash back without a court order.

Full Text of § 6-1443

Text sizeJump to: (A) (B) (C) (D) (E) (F)

(A) Prior to being issued Letters, the guardian or conservator shall file an acceptance and the following with the court unless waived by the court for good cause shown:

(1) address information form, general information form, inventory with an affidavit of due diligence, personal and financial information form, and a bond if required; and

(2) financial institution receipt of orders form showing that the order appointing him or her as guardian or conservator was provided to each financial institution in which the ward, protected person, or minor has an account/assets.

(B) After the guardian or conservator has been issued Letters, the guardian or conservator shall file with the court a financial institution receipt of letters form showing that Letters have been provided to each financial institution in which the ward, protected person, or minor has an account/assets. This form shall be filed with the court within 30 days of the Letters being issued. Failure to file the form shall result in suspension of authority.

(C) Language expressly limiting powers shall be included on all Letters of guardian/conservator in the following language: “Except as provided in §6-1437, you shall not pay yourself or your attorney compensation from the assets or income of your ward, nor sell real property of the estate, without first obtaining an order therefor, after an application, notice to the interested persons, and hearing thereon. The order may be entered ex parte if all interested persons have waived notice of hearing or have executed their written consent to the fee.” At the same time the annual accounting is filed with the court, the guardian/conservator shall file with the court an application for payment of the previous year’s fees to the attorney and to the guardian/conservator. The specific amount of the fees requested shall be set out in the application.

(D) The filing requirements of the guardian/conservator shall be included on all Letters of guardianship/conservatorship.

The language on the Letters should be as follows for a conservatorship:

You are further directed to file a complete accounting of your administration of this estate, along with the required fee, notice of right to object form, and a certificate of mailing showing copies were sent to all interested persons, including the bonding company, by first-class mail, postage prepaid, not later than 1 year and 30 days after the date of appointment and annually thereafter. The accounting shall include an updated inventory at the end of the accounting period and shall, if ordered by the court, include certificates of proof of possession for all intangible personal property existing at the end of the accounting period.

For a guardianship:

You are further directed to file an annual report of guardian report, a complete accounting of your administration of this estate, if you have possession of the estate or are representative payee, along with the required fee, notice of right to object form, and a certificate of mailing showing copies were sent to all interested persons, including the bonding company, by first-class mail, postage prepaid, not later than 1 year and 30 days after the date of appointment and annually thereafter. If you are filing an accounting, the accounting shall include an updated inventory at the end of the accounting period and shall, if ordered by the court, include certificates of proof of possession for all intangible personal property existing at the end of the accounting period.

For a guardianship and conservatorship:

You are further directed to file an annual report of guardian report and a complete accounting of your administration of this estate, along with the required fee, notice of right to object form, and a certificate of mailing showing copies were sent to all interested persons, including the bonding company, by first-class mail, postage prepaid, not later than 1 year and 30 days after the date of appointment and annually thereafter. The accounting shall include an updated inventory at the end of the accounting period and shall, if ordered by the court, include certificates of proof of possession for all intangible personal property existing at the end of the accounting period.

(E) Guardians/Conservators shall not make ATM withdrawals or receive cash back on a debit transaction on a ward’s or protected person’s bank account without first receiving a court order to do so. The following language shall be included on all Letters:

No cash withdrawals or cash back without court order. The Office of Public Guardian is prohibited from making cash withdrawals or receiving cash back.

(F) The court shall order guardians/conservators to file Letters with the Register of Deeds in any county where the ward has real property or an interest in real property. The following language shall be included on all Letters:

Guardians/conservators shall file Letters with the Register of Deeds in any county where the ward has real property or an interest in real property, wherever located, within a reasonable time.

End

Amendment History

Rule 43 amended November 1988. Renumbered and codified as § 6-1443, effective July 18, 2008; § 6-1443 amended August 31, 2011, effective January 1, 2012; § 6-1443(A) amended May 23, 2013, effective September 1, 2013; § 6-1443(D) amended August 28, 2013, effective September 1, 2013; § 6-1443(A), (B), (D), and (E) amended September 10, 2015; § 6-1443 amended November 13, 2019, effective April 1, 2020.

Plain-English Summary

Letters are the document that gives a guardian or conservator legal authority to act, and § 6-1443 controls both ends of that process. Before Letters issue, the guardian or conservator must file an acceptance along with an address information form, general information form, inventory with an affidavit of due diligence, personal and financial information form, any required bond, and proof that every financial institution holding the ward's accounts or assets received a copy of the appointment order. After Letters issue, there is a second proof-of-notice deadline: within 30 days, the guardian or conservator must show that Letters themselves were delivered to each of those financial institutions. Skip that filing, and the guardian's or conservator's authority is suspended.

The Letters are not a blank check. Nebraska requires specific limiting language printed on every set: without a court order, notice, and hearing, the guardian or conservator cannot pay themselves or their attorney out of the ward's assets, and cannot sell the ward's real property. The one exception is an order entered ex parte where every interested person has waived notice or consented in writing to the fee. When the annual accounting comes due, the guardian or conservator has to file a separate application asking the court to approve the previous year's fees, spelling out the exact dollar amount requested.

The Letters also carry the case's ongoing filing schedule printed directly on them, phrased slightly differently depending on whether the case is a guardianship, a conservatorship, or both, but always requiring an accounting (and, for guardianships, an annual report of guardian) within one year and 30 days of appointment, and every year after. Two further restrictions round out the rule: no ATM withdrawals or cash back on the ward's bank account without a court order, and a requirement that Letters be filed with the Register of Deeds in any county where the ward owns real property, so the public record reflects who now controls that property.

Frequently Asked Questions

What must a guardian or conservator file before Letters are issued?

An acceptance, address information form, general information form, inventory with an affidavit of due diligence, personal and financial information form, any required bond, and proof that appointment orders were sent to relevant financial institutions.

What happens if the financial-institution receipt-of-Letters form is not filed within 30 days?

The guardian's or conservator's authority is suspended.

Can a guardian or conservator pay themselves fees without asking the court first?

No. Letters must include language barring self-payment without a court order, notice, and hearing, except for an ex parte order where all interested persons waive notice or consent in writing.

Are ATM withdrawals or cash back allowed on the ward's account?

Not without a court order — Letters must state that restriction directly.

Does a guardian or conservator have to record anything with the Register of Deeds?

Yes. Letters must be filed with the Register of Deeds in any county where the ward has real property.

How is the annual accounting deadline described on the Letters themselves?

Not later than one year and 30 days after appointment, and annually after that, with wording that varies depending on whether the case is a guardianship, a conservatorship, or both.

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

Also known as: guardian letters requirements nebraskaconservator letters filing deadlineguardian fee approval lettersno atm withdrawal guardian accountregister of deeds guardian lettersfinancial institution receipt of letters