Overview
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). The process begins with filing a Petition for Appointment of Personal Representative 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 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.
Courthouse Information
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.
Filing Process
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: File the Petition
If formal probate is needed, file a Petition for Informal Probate and Appointment of Personal Representative (Form CC 15:2) with the Boyd County Court. Include:
- Application for Informal Probate
- Original will and codicils (if any)
- Certified death certificate
- Filing fee (approximately $45)
- Renunciations/Nominations from other heirs if applicable
Nebraska courts utilize the JUSTICE court case management system. Check with the clerk regarding e-filing availability for pro se litigants.
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: Attend the Hearing
For informal probate, a hearing is often not required if the paperwork is in order; the Registrar (Clerk) can issue the letters. For formal probate, the court will schedule a hearing. If approved, the court issues Letters of Personal Representative.
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)
Local Requirements
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.
Timeline & Fees
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.
Local Resources
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