Overview
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.). The process begins with filing an Application for Informal Probate of Will and Informal 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 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 (Form 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.
Courthouse Information
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.
Filing Process
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 (Form 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: File the Petition
If formal probate is needed, file an Application for Informal Probate and Appointment of Personal Representative (Form CC 16:2.4) with the Buffalo County Court. Include:
- Original Will and codicils (if any)
- Certified copy of the Death Certificate
- Filing fee (approximately $200)
- Application for Informal Probate
- Acceptance of Appointment
Nebraska courts utilize an electronic filing system (JUSTICE) which is mandatory for attorneys but optional for self-represented litigants.
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: Attend the Hearing
For informal probate, a hearing is often not required if all paperwork is in order and no objections are filed. The Registrar can issue the Letters of Personal Representative administratively. If the estate is contested or formal probate is requested, a hearing will be scheduled.
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
Local Requirements
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.
Timeline & Fees
Filing Fees (Buffalo County)
- Initial Probate Filing: approximately $200 (includes base fee, automation fee, etc.)
- Small Estate Affidavit: No court filing fee if used out of court; recording fees apply for real estate.
- Certified copies of Letters: approximately $10 per copy
- Publication costs: approximately $100-$200 depending on the length of the notice
- Claims: $22 to file a claim against an 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.
Local Resources
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