Probate in Buffalo County, Nebraska: 2026 Guide

Buffalo County is located in Nebraska with a population of approximately 50,084. The Buffalo 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 simplified procedure for small estates. If the value of the estate's personal property (less liens and encumbrances) does not exceed $100,000, successors may use an Affidavit for Transfer of Personal Property without Probate (CC 15:40) after a 30-day waiting period. There is also a procedure for real property valued at $100,000 or less.

Nebraska does not have a statutory fee schedule for attorneys or personal representatives based on a percentage of the estate; fees must be reasonable based on services rendered.

This guide provides an informational overview of the Buffalo 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.

Buffalo County Court

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

Address: 1512 Central Avenue, Kearney, NE 68847

Phone: (308) 236-1228 (County Court)

Hours: Monday through Friday, 8:00 AM to 5:00 PM

The County Court is located on the main floor of the courthouse. The Clerk Magistrate's office handles probate filings.

Parking and Access

Public parking is available in the lot adjacent to the courthouse and along Central Avenue. The building is equipped with security screening at the public entrance.

Step 1: Determine If Probate Is Necessary

Before filing, assess whether formal probate is required:

• Small Estate Affidavit (Personal Property): If the net value of personal property is $100,000 or less, you may use an Affidavit for Transfer of Personal Property without Probate (CC 15:40) after 30 days.
• Small Estate Affidavit (Real Property): If the value of real property is $100,000 or less, a similar affidavit procedure may be available.
• 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 Buffalo 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 Buffalo 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 proceedings to all heirs, beneficiaries, and interested parties within 30 days of appointment.
• Publish notice to creditors in a newspaper of general circulation in Buffalo County (such as the Kearney Hub) 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 date of first publication to file claims)
• Inventory and appraise all estate assets within 3 months of appointment
• Pay valid creditor claims and taxes
• Distribute assets to beneficiaries
• File a Statement of Informal Closure to close the estate

Buffalo County-Specific Procedures

• E-filing: Attorneys are required to file electronically via the Nebraska trial court e-filing system. Self-represented litigants may file in paper at the courthouse.
• Local Rules: Buffalo County is in the 9th Judicial District; check District 9 rules for specific courtroom decorum and scheduling procedures.
• Publication: Notice to creditors is typically published in the Kearney Hub.
• Bond: Bond is generally required unless waived by the will or by all interested persons.

Always check with the Clerk Magistrate for the most current local forms and requirements.

Filing Fees (Buffalo County)

• Informal probate filing: base fee of about $22 plus court costs; confirm the current total with the clerk. The Nebraska Judicial Branch publishes the statewide county court fee schedule.
• Formal probate: fees are set on a sliding scale based on the value of the estate.
• Certified copies: small per-certificate and per-page charges apply; ask the clerk.
• Publication costs: vary by newspaper; ask the newspaper for a quote.

Nebraska law requires attorney and personal representative fees to be "reasonable" rather than a fixed percentage of the estate.

Payment Methods

The court accepts cash, checks, money orders, and credit/debit cards (with a convenience fee).

Estimated Timelines

• Simple estates (informal, no disputes): 6-9 months
• Average estates: 9-12 months
• Complex or contested estates: 12 months to 2 years

Nebraska law requires the estate to remain open for at least 5 months from appointment to allow for the creditor claim period and notice requirements, but practical administration usually takes longer.

Buffalo County Court Resources

• Court Website: buffalocounty.ne.gov
• Probate Self-Help: Nebraska Judicial Branch Self-Help
• Nebraska Probate Forms: Judicial Branch Forms

Legal Aid and Attorney Referrals

• Nebraska State Bar Association: (402) 475-7091 — Find a Lawyer
• Legal Aid of Nebraska: (877) 250-2016 — legalaidofnebraska.org

Publication

• Kearney Hub: (308) 237-2152 — kearneyhub.com