Probate in Custer County, Nebraska: 2026 Guide

Custer County is located in Nebraska with a population of approximately 10,500. The Custer 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.). 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 process. If the value of the decedent's personal property (less liens and encumbrances) does not exceed $100,000, successors may claim assets via an Affidavit for Transfer of Personal Property without Probate (CC 15:40) thirty days after death.

Nebraska does not set a statutory percentage for attorney or personal representative fees; fees must be reasonable based on the services provided.

This guide provides an informational overview of the Custer 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.

Custer County Court

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

Address: 431 S 10th Ave, Broken Bow, NE 68822

Phone: (308) 872-5761 (County Court Clerk)

Hours: Monday through Friday, 9:00 AM to 5:00 PM

The County Court is located on the main floor of the courthouse. The office typically closes for lunch from 12:00 PM to 1:00 PM.

Parking and Access

Free street parking is generally available around the courthouse square. 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 estate's personal property is valued at $100,000 or less, you may use Form CC 15:40 after a 30-day waiting period.
• Transfer on Death (TOD): Real estate subject to a TOD deed and vehicles with TOD beneficiaries transfer automatically 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 Custer 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 Custer 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 Custer County (such as the Custer County Chief) 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
• Determine and pay Nebraska Inheritance Tax (separate proceeding)
• Distribute assets to beneficiaries
• File a final accounting and close the estate (informally via Statement of Completion or formally via Petition for Discharge)

Custer County-Specific Procedures

• E-filing: Mandatory for attorneys; optional for pro se litigants.
• Inheritance Tax: Nebraska imposes a county inheritance tax. A determination of tax must be filed with the county court even if no full probate is required.
• Local Court Rules: Custer County follows the Nebraska Court Rules of Probate Procedure.
• Publication: Notice must be published in a newspaper of general circulation in Custer County, such as the Custer County Chief, for three successive weeks.

Always check with the Clerk of the County Court for any specific local forms or standing orders.

Filing Fees (Custer 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, or money orders. Credit cards may be accepted with an additional convenience fee.

Estimated Timelines

• Simple estates (informal, no disputes): 6-9 months
• Average estates: 9-15 months
• Complex or contested estates: 18 months to 2 years

Timelines are affected by the 2-month creditor claim period and the requirement to file inventory within 3 months.

Custer County Court Resources

• Court Website: custercountyne.gov
• Probate Self-Help: Nebraska Judicial Branch Self-Help
• Nebraska Probate Forms: Statewide Court Forms

Legal Aid and Attorney Referrals

• Nebraska State Bar Association: (402) 475-7091 — Professional association for lawyers
• Legal Aid of Nebraska: (877) 250-2016 — Legal assistance for low-income residents
• Nebraska Find a Lawyer: nefindalawyer.com

Publication

• Custer County Chief: (308) 872-2471 — Newspaper of general circulation
• Sargent Leader: (308) 527-4241 — Local newspaper