Probate in Burt County, Nebraska: 2026 Guide

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.). 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 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.

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.

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: 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 Burt 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 Burt 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.
• 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: 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 Formal Petition for Complete Settlement or a Sworn Statement of Closing to close the estate

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.

Filing Fees (Burt 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, 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.

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