Probate in Boone County, Nebraska: 2026 Guide

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.). Most uncontested estates start with informal probate (when there is a will) or informal appointment (when there is no will). These are filed with the county court registrar and usually handled without a hearing. Formal probate is a petition decided by a judge after notice and a hearing, and is generally used for contested or complex cases. Once appointed, the personal representative receives Letters of Personal Representative, which give them authority to act for the estate.

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.

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.

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: Choose Informal or Formal Probate and File

• Informal (the usual path for uncontested estates): You file an application with the county court registrar. There is usually no hearing.
• Formal (for contested or complex estates): You file a petition, notice is given to interested people, and a judge decides the matter after a hearing. Consider talking with an attorney if your situation calls for formal probate.

For informal probate, file the application that matches your situation with the Boone County Court:

• If there is a will: Application for Informal Probate of Will and Appointment of Personal Representative
• If there is no will: Application for Informal Appointment of Personal Representative

Nebraska does not publish a statewide fillable PDF for either application. Request the current probate packet from the Boone County Court clerk.

Documents commonly filed with or soon after the application include:

• The original will and any codicils (if there is a will)
• Notice of Informal Probate and Notice to Creditors, for publication
• Acceptance of Appointment by the personal representative
• Renunciations or nominations from others with equal priority to serve (if applicable)
• The filing fee

Nebraska courts generally require attorneys to e-file; self-represented filers may file on paper at the clerk's office.

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: Appointment and Letters

For informal probate, the county court registrar reviews the application and, if it is complete, appoints the personal representative, usually without a hearing. For formal probate, a judge decides the petition after notice and a hearing. Once appointed, the personal representative receives Letters of Personal Representative, which give them authority to act for the estate.

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.

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.

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.

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