Probate in Box Butte County, Nebraska: 2026 Guide

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.). 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 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.

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.

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: 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 Box Butte 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 Box Butte 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 appointment to heirs, beneficiaries, and other interested parties after an informal appointment, and file an affidavit of mailing. In formal probate, notice of the hearing must also be given before the hearing.
• Publish notice in a newspaper of general circulation in Box Butte 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:

• 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

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.

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.

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