Overview
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). The process begins with filing a Petition for Probate (Informal or Formal) 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 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.
Courthouse Information
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.
Filing Process
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: File the Petition
If formal or informal probate is needed, file a Petition for Probate with the Butler County Court. Include:
- Petition for Informal or Formal Probate (Form CC 15:2 or similar)
- Original Will and codicils (if any)
- Certified Death Certificate
- Filing fee (approximately $125)
- Application for Appointment of Personal Representative
Nebraska courts allow e-filing for attorneys; pro se litigants typically file in paper or via the public access terminal.
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: Attend the Hearing
For informal probate, the Registrar (Clerk Magistrate) can often approve the petition without a hearing if all paperwork is in order. For formal probate, a hearing is scheduled. Once approved, 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 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.
Local Requirements
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.
Timeline & Fees
Filing Fees (Butler County)
- Initial Probate Filing: approximately $125 (includes petition and court costs)
- Small Estate Affidavit: No court filing fee (document is presented to asset holders), but recording with Register of Deeds (for real estate) incurs recording fees.
- Certified copies of Letters: approximately $5-$10 per copy
- Publication costs: approximately $50-$150 depending on the newspaper length
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.
Local Resources
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.