Overview
Chase County is located in Nebraska with a population of approximately 3,764. The Chase 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 (Neb. Rev. Stat. § 30-2201 et seq.). The process begins with filing a Petition for Informal Probate of Will and Appointment of Personal Representative (Form CC 16:2.4) or a Petition for Formal Probate 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 simplified procedures for small estates. If the value of the estate (less liens and encumbrances) is $100,000 or less, assets may be transferred via a Small Estate Affidavit (Affidavit for Transfer of Personal Property without Probate) after a 30-day waiting period. There is also a simplified procedure for real property valued at $100,000 or less.
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 Chase 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
Chase County Court
Probate matters in Chase County are handled at the Chase County Courthouse.
Address: 921 Broadway, Imperial, NE 69033
Phone: (308) 882-7519 (County Court)
Hours: Monday through Friday, 8:00 AM to 4:00 PM
The County Court handles probate, guardianship, and conservatorship matters. The court is located in the county seat of Imperial.
Parking and Access
Street parking is generally available around the courthouse square in Imperial. 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 net estate value is $100,000 or less, you may be able to transfer personal property by affidavit 30 days after death without court filings.
- Real Property Affidavit: For real estate valued at $100,000 or less, an affidavit can be recorded with the Register of Deeds to transfer title.
- 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 Informal Probate (Form CC 16:2.4) or Formal Probate with the Chase County Court. Include:
- Application for Informal Probate
- Original will and codicils (if any)
- Certified death certificate
- Filing fee (approximately $22.00 base fee, plus surcharges)
- Renunciations/Nominations from other heirs if applicable
Nebraska courts allow for e-filing through the state's JUSTICE system for attorneys.
Step 3: Provide Notice
After filing, you must:
- Mail notice of the hearing (or informal appointment) to all heirs, beneficiaries, and interested parties.
- Publish notice in a newspaper of general circulation in Chase County (e.g., The Imperial Republican) 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. 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 by publication (creditors have 2 months from publication 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 (including Nebraska Inheritance Tax).
- Distribute assets to beneficiaries.
- File a final accounting and petition for discharge (or a sworn statement closing the estate).
Local Requirements
Chase County-Specific Procedures
- Local Court Rules: Chase County County Court operates under Nebraska County Court rules; local rules may apply regarding scheduling and remote hearings.
- Inheritance Tax: Nebraska has a county-level inheritance tax. Proceedings to determine the tax are filed with the County Court, even if no full probate is required.
- Publication: Notice is typically published in The Imperial Republican.
- Bond: A bond may be required unless waived by the will or by all interested parties.
Always check with the Clerk of the County Court for the most current local forms and requirements.
Timeline & Fees
Filing Fees (Chase County)
- Informal Probate Petition: approximately $22.00 (base fee) + court costs
- Formal Probate Petition: approximately $22.00 (base fee) + court costs
- Certified copies of Letters: approximately $1.00 - $2.00 per page/certification
- Publication costs: approximately $50-$150 depending on the newspaper and length of notice
- Recording Fees (Register of Deeds): $10.00 for the first page, $6.00 for each additional page (for real estate affidavits)
Note: Fees are subject to change. Contact the court for the exact total.
Payment Methods
The court typically accepts cash, checks, or money orders. Credit cards may be accepted for e-filing or with a convenience fee.
Estimated Timelines
- Simple estates (Informal): 6-12 months
- Average estates: 9-15 months
- Complex or contested estates: 18 months to 2 years
Creditors have 2 months after publication to file claims. The inventory is due within 3 months of appointment.
Local Resources
Chase County Court Resources
- Court Website: https://chasecounty.nebraska.gov/county-offices
- Probate Self-Help: https://nebraskajudicial.gov/self-help/estates
- Nebraska Probate Forms: https://nebraskajudicial.gov/forms
Legal Aid and Attorney Referrals
- Nebraska State Bar Association: (402) 475-7091 — https://www.nebar.com
- Legal Aid of Nebraska: (877) 250-2016 — https://www.legalaidofnebraska.org
- Nebraska Find-a-Lawyer: https://www.nefindalawyer.com
Publication
- The Imperial Republican: (308) 882-4453 — Local newspaper for legal notices