Probate in Cass County, Nebraska: 2026 Guide

Cass County is located in Nebraska with a population of approximately 27,000. The Cass 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 procedure for small estates. If the value of the decedent's personal property (less liens and encumbrances) does not exceed $100,000, successors may claim assets via a Small Estate Affidavit after a 30-day waiting period. Real property valued at $100,000 or less may also be transferred via affidavit under certain conditions.

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 Cass 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.

Cass County Court

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

Address: 346 Main Street, Room 201, Plattsmouth, NE 68048

Phone: (402) 296-9334 (County Court Clerk)

Hours: Monday through Friday, 8:00 AM to 4:30 PM

The County Court is located on the second floor of the courthouse. The Clerk of the County Court handles probate filings.

Parking and Access

Public parking is available around the courthouse square and on adjacent streets. 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 value of personal property is $100,000 or less, you may be able to use an affidavit to collect assets 30 days after death.
• Real Property Affidavit: Real estate valued at $100,000 or less may also be transferred by affidavit under specific circumstances.
• 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 Cass 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 Cass 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 within 30 days of appointment.
• Publish notice to creditors in a newspaper of general circulation in Cass County (e.g., Plattsmouth Journal) 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 and allow for the two-month claim period after first publication.
• Inventory and appraise all estate assets within three months of appointment.
• Pay valid creditor claims and administrative expenses.
• File federal and state tax returns as needed (including Nebraska inheritance tax).
• Distribute assets to beneficiaries.
• File a Formal or Informal Closing Statement to close the estate.

Cass County-Specific Procedures

• Inheritance Tax: Nebraska has a county-level inheritance tax. A determination of tax must be filed with the county court, even for non-probate estates.
• Publication: Notice is typically published in the Plattsmouth Journal.
• Local Rules: Check with the Clerk of the County Court for any specific local filing requirements or preferences regarding document formatting.

Filing Fees (Cass County)

• Informal Probate Petition: approximately $22 (base fee) — Note: Total court costs often range from $100-$200 depending on additional surcharges.
• Certified copies of Letters: approximately $5-$10 per copy
• Publication costs: approximately $50-$150 depending on the newspaper
• Inheritance Tax Determination: Fees vary based on estate value

Payment Methods

The court accepts cash, checks, money orders, and credit/debit cards (with a processing 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

The creditor claim period in Nebraska is two months following the first publication of notice.

Cass County Court Resources

• Court Website: casscountyne.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

• Plattsmouth Journal: (402) 296-2141 — Legal Notices Department