Probate in Butler County, Nebraska: 2026 Guide

Butler County is located in Nebraska with a population of approximately 8,400. The Butler 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). 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 where the value of all personal and real property (less liens and encumbrances) does not exceed $100,000. This allows successors to collect assets without full court administration after a 30-day waiting period.

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 performed.

This guide provides an informational overview of the Butler 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.

Butler County Court

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

Address: 451 N 5th St, David City, NE 68632

Phone: (402) 367-7480 (County Court Clerk)

Hours: Monday through Friday, 8:30 AM to 12:30 PM and 1:00 PM to 5:00 PM (closed for lunch)

The County Court is located on the main level of the courthouse. The Clerk Magistrate can assist with procedural questions but cannot provide legal advice.

Parking and Access

Free street parking is generally available around the courthouse square in David City. The building is accessible to the public during business hours, with security screening at the entrance.

Step 1: Determine If Probate Is Necessary

Before filing, assess whether formal probate is required:

• Small Estate Affidavit: If the net estate value is $100,000 or less, you may be able to transfer assets via affidavit 30 days after death without court appointment.
• Non-Probate Transfers: Assets with beneficiary designations (POD/TOD accounts, life insurance) or held in joint tenancy bypass 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 Butler 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 Butler 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 Butler County (e.g., The Banner-Press) 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 after the first publication date to file claims).
• Inventory and appraise all estate assets within 3 months of appointment.
• Pay valid creditor claims and estate taxes.
• Distribute assets to beneficiaries.
• File a Informal Closure or Formal Petition for Complete Settlement to close the estate.

Butler County-Specific Procedures

• Local Court Rules: The 5th Judicial District may have specific case progression standards.
• Publication: Notice is typically published in The Banner-Press.
• Bond: A bond may be required unless waived by the will or by all interested parties.
• Inventory: Must be filed with the court and mailed to interested parties within 3 months.

Always check with the Clerk Magistrate for any specific local forms or requirements.

Filing Fees (Butler 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 (with a convenience fee).

Estimated Timelines

• Simple estates (Informal): 6-9 months
• Average estates: 9-12 months
• Complex or contested estates: 12 months to 2 years

Creditors have 2 months from the first publication of notice to file claims, which sets a minimum timeline for closing the estate.

Butler County Court Resources

• Court Website: butlercountyne.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

• The Banner-Press: (402) 367-3088 — Newspaper of general circulation in David City.