Overview
Burt County is located in Nebraska with a population of approximately 6,700. The County Court of Burt County 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 a Petition for Probate of Will and 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 with personal property valued at $100,000 or less (Neb. Rev. Stat. § 30-24,125). This allows successors to collect assets without formal court administration. There is also a summary administrative procedure for small estates.
Nebraska does not have a statutory fee schedule for attorneys or personal representatives; fees must be reasonable based on the services provided.
This guide provides an informational overview of the Burt 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
County Court of Burt County
Probate matters in Burt County are handled at the Burt County Courthouse.
Address: 111 N 13th St, Suite 9, Tekamah, NE 68061
Phone: 402-374-2950
Hours: Monday through Friday, 8:00 AM to 4:30 PM (verify with court)
The County Court is located on the 2nd Floor of the courthouse. The Clerk of the County Court accepts filings and can answer procedural questions but cannot provide legal advice.
Parking and Access
Street parking is generally available around the courthouse square in Tekamah. The building is accessible to the public during business hours.
Filing Process
Step 1: Determine If Probate Is Necessary
Before filing, assess whether formal probate is required:
- Small Estate Affidavit: If the estate's personal property (less liens) is valued at $100,000 or less, you may be able to use an Affidavit for Transfer of Personal Property without Probate after a 30-day waiting period.
- Joint Tenancy/Beneficiary Designations: Assets held in joint tenancy or with named beneficiaries (POD/TOD) pass directly to the survivor outside of probate.
- 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 Probate with the County Court of Burt County. Include:
- Petition for Appointment of Personal Representative
- Original will and codicils (if any)
- Certified death certificate
- Filing fee (based on estate value)
- Application for Informal Probate (if proceeding informally)
Nebraska courts utilize an electronic filing system (JUSTICE), though pro se litigants may often file in paper.
Step 3: Provide Notice
After filing, you must:
- Mail notice of the proceedings to all heirs, beneficiaries, and interested parties.
- Publish notice to creditors in a newspaper of general circulation in Burt County (e.g., Oakland Independent or Burt County Plaindealer) for three successive weeks.
Step 4: Attend the Hearing
For informal probate, a hearing may not be required if the registrar approves the application. For formal probate, the court will schedule a hearing to review the petition. Upon approval, the court issues Letters Testamentary or Letters of Administration.
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 Formal Petition for Complete Settlement or a Sworn Statement of Closing to close the estate
Local Requirements
Burt County-Specific Procedures
- Local Court Rules: Burt County is in the 6th Judicial District. Local rules may apply regarding scheduling and document formatting.
- Publication: Notice is typically published in the Oakland Independent, The Lyons Mirror-Sun, or Burt County Plaindealer.
- Bond: The court may require a surety bond unless the will waives it or all beneficiaries agree to waive it.
Always check with the Clerk of the County Court for the most current local filing requirements.
Timeline & Fees
Filing Fees (Burt County)
Nebraska probate filing fees are graduated based on the value of the estate (Neb. Rev. Stat. § 33-125):
- Estate value $0 - $1,000: $20
- $1,000 - $2,000: $30
- $2,000 - $5,000: $50
- $5,000 - $10,000: $75
- $10,000 - $25,000: $100
- $25,000 - $50,000: $150
- $50,000 - $75,000: $250
- $75,000 - $100,000: $350
- $100,000 - $125,000: $450
- $125,000 - $175,000: $550
- $175,000 - $275,000: $650
- $275,000 - $375,000: $750
- $375,000 - $500,000: $850
- $500,000 - $750,000: $1,000
- $750,000 - $1,000,000: $1,200
- Over $1,000,000: See statute for higher tiers ($1,500+)
- Publication costs: Approximately $100-$200 depending on the newspaper.
- Certified copies: Approximately $5-$10 per copy.
Payment Methods
The court accepts cash, checks, and credit cards (fees may apply).
Estimated Timelines
- Small Estate Affidavit: Minimum 30-day waiting period after death.
- Informal Probate (Uncontested): 5-9 months minimum (due to creditor notice period).
- Formal/Contested Probate: 9 months to 2+ years.
The creditor claim period in Nebraska is generally 2 months following the first publication of notice.
Local Resources
Burt County Court Resources
- Court Website: burtcountyne.gov
- Probate Self-Help: Nebraska Supreme Court Self-Help
- Nebraska Probate Forms: Supreme Court 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
- Oakland Independent / Lyons Mirror-Sun: (402) 685-5624 — Legal Notices
- Burt County Plaindealer: (402) 374-2225 — Legal Notices