Overview
Box Butte County is located in Nebraska with a population of approximately 10,842. The Box Butte 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 a Petition for Informal Probate of Will and Appointment of Personal Representative (Form CC 16:2.4) 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 valued at $100,000 or less (personal property) or $100,000 or less (real property). There is a 30-day waiting period after death before this can be used.
Nebraska law sets a base filing fee for informal probate at $22.00, though additional costs for certified copies and publication will apply.
This guide provides an informational overview of the Box Butte 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
Box Butte County Court
Probate matters in Box Butte County are handled at the Box Butte County Courthouse.
Address: 515 Box Butte Avenue #100, Alliance, NE 69301
Phone: (308) 762-6800 (County Court Clerk)
Hours: Monday through Friday, 7:30 AM to 4:30 PM
The County Court is located on the 1st floor (Suite 100) of the courthouse. The Clerk of the District Court is also in the building (Suite 300) but probate filings typically go to the County Court.
Parking and Access
Street parking is available around the courthouse square. There is a public entrance with security screening.
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 entire estate (less liens and encumbrances) is $100,000 or less, you may be able to transfer assets via affidavit 30 days after death.
- Transfer on Death (TOD) Deeds: Nebraska allows real estate to be transferred outside of probate using a beneficiary deed recorded before death.
- Trust administration: Assets held in a living trust generally do not require probate.
Step 2: File the Petition
If formal probate is needed, file a Petition for Informal Probate (Form CC 16:2.4) with the Box Butte County Court. Include:
- Application for Informal Probate
- Original will and codicils (if any)
- Certified Copy of Death Certificate
- $22.00 filing fee (plus costs for copies/publication)
- Renunciations/Nominations from other heirs (if applicable)
Attorneys are required to e-file in Nebraska. Self-represented litigants may file in paper.
Step 3: Provide Notice
After filing, you must:
- Mail notice of the hearing to all heirs, beneficiaries, and interested parties at least 14 days before the hearing
- Publish notice in a newspaper of general circulation in Box Butte County for three successive weeks
Step 4: Attend the Hearing
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.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Publish notice to creditors once a week for three consecutive weeks. Creditors 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
- Distribute assets to beneficiaries
- File a final accounting and petition for discharge
Local Requirements
Box Butte County-Specific Procedures
- E-Filing: Mandatory for attorneys; optional for pro se litigants.
- Self-Help Desk: The Nebraska Judicial Branch provides a comprehensive self-help section online, but court staff cannot provide legal advice.
- Forms: Use the official "CC" (County Court) forms provided by the state judicial branch.
- Publication: Notice must be published in a newspaper of general circulation in Box Butte County for three successive weeks.
Nebraska Court Rules of Probate apply statewide.
Timeline & Fees
Filing Fees (Box Butte County)
- Informal Probate Petition: approximately $22
- Formal Probate Petition: approximately $22
- Certified copies of Letters: approximately $10 per certified copy
- Publication costs: approximately $150-$200 depending on the newspaper
- Contested matters: Court costs for contested matters may be higher
Nebraska does not have a statutory percentage fee schedule for attorneys or executors; fees must be "reasonable."
Payment Methods
The court accepts cash, check, or credit card (with service fee). Online payments via the state portal incur a convenience fee.
Estimated Timelines
- Simple estates (no disputes, limited assets): 6-9 months
- Average estates: 9-12 months
- Complex or contested estates: 1 year or more
The 2-month creditor claim period and 3-month inventory deadline set the initial pace.
Local Resources
Box Butte County Court Resources
- Court Website: boxbuttecountyne.gov
- Probate Self-Help: Nebraska Judicial Branch Self-Help
- Nebraska Probate Forms: Nebraska Judicial Branch Forms
Legal Aid and Attorney Referrals
- Nebraska State Bar Association: (402) 475-7091 — Find a Lawyer service
- Legal Aid of Nebraska: (877) 250-2016 — Free civil legal aid for low-income residents
- Nebraska Find a Lawyer: nefindalawyer.com
Publication
- Alliance Times-Herald: (308) 762-3060 — Official legal newspaper for Box Butte County