Probate in Boyd County, Nebraska: 2026 Guide

Boyd County is located in Nebraska with a population of approximately 1,700. The Boyd 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 (Chapter 30). 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 simplified Small Estate Affidavit procedure for estates where the value of personal property (less liens) does not exceed $100,000. There is also a simplified process for real property valued at $100,000 or less.

Nebraska law sets a base probate filing fee of $22, plus various court automation and legal service surcharges, totaling approximately $45.

This guide provides an informational overview of the Boyd 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.

Boyd County Court

Probate matters in Boyd County are handled at the Boyd County Courthouse.

Address: 401 Thayer Street, Butte, NE 68722

Phone: 402-360-0814 (County Court)

Hours: Monday, Wednesday, Thursday, Friday, 8:00 AM to 4:00 PM

The County Court is located within the county courthouse in Butte. The court may have limited hours or share staff with neighboring counties; it is advisable to call ahead before visiting.

Parking and Access

Street parking is generally available around the courthouse in Butte. The building is accessible to the public during court hours.

Step 1: Determine If Probate Is Necessary

Before filing, assess whether formal probate is required:

• Small Estate Affidavit (Personal Property): If the value of the decedent's personal property (less liens) is $100,000 or less, you may be able to transfer assets via affidavit 30 days after death.
• Small Estate Affidavit (Real Property): If the value of real property (less liens) is $100,000 or less, a similar simplified procedure may apply.
• 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 Boyd 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 Boyd 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 (if formal) or notice of appointment (if informal) to all heirs, beneficiaries, and interested parties.
• Publish notice to creditors in a newspaper of general circulation in Boyd County (such as the Butte Gazette) once a week 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 (creditors have 2 months from the first publication date to file claims)
• Inventory and appraise all estate assets within 3 months of appointment
• Pay valid creditor claims and administrative expenses
• File federal and state tax returns as needed
• Distribute assets to beneficiaries
• File a final accounting and petition for discharge (or a closing statement for informal probate)

Boyd County-Specific Procedures

• Court Schedule: The Boyd County Court has specific days of operation (typically Mon, Wed, Thu, Fri). Verify the judge's schedule for hearings.
• Publication: Notice to creditors must be published in a legal newspaper within the county, such as the Butte Gazette.
• Local Rules: The 8th Judicial District may have specific local rules regarding guardian ad litem appointments or bond requirements.

Always check with the Clerk of the District Court (who often serves as the County Court Registrar in smaller counties) for the most current local filing requirements.

Filing Fees (Boyd County)

• Petition for Probate (Informal/Formal): approximately $45 (includes $22 base fee + surcharges)
• Small Estate Affidavit: Fees vary (often minimal or filing fee only if filed with court)
• Certified copies of Letters: approximately $5-$10 per copy
• Publication costs: approximately $50-$150 depending on the newspaper
• Claims: No fee for creditors to file a claim in some cases, or a nominal fee

Payment Methods

The court accepts cash, checks, or money orders. Credit cards may be accepted for e-filing or with a convenience fee.

Estimated Timelines

• Creditor Claim Period: 2 months after the first date of publication
• Simple estates: 6-9 months
• Average estates: 9-12 months
• Complex or contested estates: 12 months to 2 years

Nebraska law generally expects estates to be closed within 18 months (no federal tax) or 24 months (federal tax), though extensions can be granted.

Boyd County Court Resources

• Court Website: https://nebraskajudicial.gov/courts/boyd-county-court
• Probate Self-Help: https://nebraskajudicial.gov/self-help/estates
• Nebraska Probate Forms: https://nebraskajudicial.gov/forms?field_form_type_tid=126

Legal Aid and Attorney Referrals

• Nebraska State Bar Association: 402-475-7091 — https://www.nebar.com
• Legal Aid of Nebraska: 1-877-250-2016 — https://www.legalaidofnebraska.org
• Nebraska Find-a-Lawyer: https://www.nefindalawyer.com

Publication

• Butte Gazette: 402-775-2431 — Legal newspaper for Boyd County