Overview
Boone County is located in Nebraska with a population of approximately 5,379. The Boone County Court handles all probate and estate matters for decedents who were domiciled in the county at the time of death.
Nebraska probate is governed by the Nebraska Probate Code (Neb. Rev. Stat. § 30-2201 et seq.). The process begins with filing an Application for Informal Probate (Form CC 15:2) or a Petition for Formal Probate (Form CC 16:1) to admit the will and appoint a personal representative. The court then issues Letters Testamentary for testate estates or Letters of Administration for intestate estates.
Nebraska offers a Small Estate Affidavit procedure for estates with personal property valued at $100,000 or less (Neb. Rev. Stat. § 30-24,125). There is also an affidavit procedure for real property valued at $100,000 or less (Neb. Rev. Stat. § 30-24,129).
Nebraska does not have a statutory percentage fee for attorneys or personal representatives; fees must be reasonable based on services rendered.
This guide provides an informational overview of the Boone County probate process. It is not legal advice and is not a substitute for consulting a qualified attorney. Laws and local procedures may change — verify current requirements with the court.
Courthouse Information
Boone County Court
Probate matters in Boone County are handled at the Boone County Courthouse.
Address: 222 S 4th St, Albion, NE 68620
Phone: (402) 395-6184 (Clerk of Courts)
Hours: Monday through Friday, 8:00 AM to 4:30 PM (Closed for lunch)
The County Court is located within the Boone County Courthouse. The Clerk Magistrate handles many probate filings and informal proceedings.
Parking and Access
Street parking is generally available around the courthouse square in Albion. The building is accessible to the public during business hours.
Filing Process
Step 1: Determine If Probate Is Necessary
Before filing, assess whether formal probate is required:
- Small Estate Affidavit: If the value of the estate's personal property (less liens) is $100,000 or less, you may be able to transfer assets via affidavit 30 days after death.
- Affidavit for Transfer of Real Property: For real estate valued at $100,000 or less, heirs can file an affidavit with the Register of Deeds.
- Trust administration: Assets held in a living trust generally do not require probate.
Step 2: File the Petition
If formal probate is needed, file an Application for Informal Probate (Form CC 15:2) or Petition for Formal Probate (Form CC 16:1) with the Boone County Court. Include:
- Application or Petition
- Original will and codicils (if any)
- Certified death certificate
- Filing fee (approx. $22 plus court costs)
- Renunciations/Nominations (if applicable)
Attorneys are generally required to e-file via the Nebraska Trial Court eFiling system. Pro se litigants may file in paper.
Step 3: Provide Notice
After filing, you must:
- Mail notice of the hearing (for formal probate) or notice of informal probate to all heirs, beneficiaries, and interested parties.
- Publish notice in a newspaper of general circulation in Boone County for three successive weeks.
Step 4: Attend the Hearing
For formal probate, the court will schedule a hearing on the petition, typically 3 to 4 weeks after filing. At the hearing, the judge reviews the petition and, if approved, issues Letters Testamentary or Letters of Administration. Informal probate is often processed by the Clerk Magistrate without a hearing.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Notify creditors by publication; creditors generally have 2 months from the first publication to file claims.
- Inventory and appraise all estate assets within 3 months.
- Pay valid creditor claims.
- File federal and state tax returns as needed (including Nebraska Inheritance Tax).
- Distribute assets to beneficiaries.
- File a final accounting and petition for discharge.
Local Requirements
Boone County-Specific Procedures
- E-Filing: Mandatory for attorneys; pro se litigants may file in paper.
- Inheritance Tax: Nebraska has a county inheritance tax that must be determined and paid before the estate can be closed.
- Clerk Magistrate: The Clerk Magistrate often handles informal probate matters and can issue Letters in informal proceedings.
- Publication: Notice must be published in a newspaper of general circulation in Boone County for three successive weeks.
Always check with the Clerk of the County Court for the most current local rules and fee schedules.
Timeline & Fees
Filing Fees (Boone County)
- Probate Petition: approximately $22 (plus applicable court costs)
- Inheritance Tax Determination: Varies based on estate value
- Certified copies of Letters: approximately $10 per certified copy
- Publication costs: approximately $50-$150 depending on the newspaper
- Recording Fees: Varies for real estate documents
Nebraska law requires attorney and personal representative fees to be reasonable; there is no statutory percentage schedule.
Payment Methods
The court accepts cash, checks, and credit/debit cards (convenience fees may apply).
Estimated Timelines
- Simple estates (no disputes, limited assets): 6-9 months
- Average estates: 9-18 months
- Complex or contested estates: 18 months to 2 years
Creditors have 2 months from the first publication of notice to file claims. The inventory is due within 3 months of appointment.
Local Resources
Boone County Court Resources
- Court Website: boonecountyne.gov
- Probate Self-Help: Nebraska Judicial Branch Self-Help
- Nebraska Probate Forms: Master Forms List
Legal Aid and Attorney Referrals
- Nebraska State Bar Association: (402) 475-7091 — Professional association for lawyers
- Legal Aid of Nebraska: (877) 250-2016 — Legal assistance for low-income residents
- Nebraska Find a Lawyer: nefindalawyer.com
Publication
- Albion News/Boone County Tribune: (402) 395-2115 — Newspaper of general circulation