Overview
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.). The process begins with filing an Application for Informal Probate and Appointment of Personal Representative (Form CC 15:1) 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 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 (Form 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.
Courthouse Information
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.
Filing Process
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: File the Application/Petition
If probate is needed, file an Application for Informal Probate (Form CC 15:1) with the Custer County Court. Include:
- Original Will and codicils (if any)
- Application for Informal Appointment of Personal Representative
- Certified death certificate
- Filing fee (approximately $145)
- Renunciations or Nominations from other heirs (if applicable)
Attorneys are required to file documents electronically via the state's e-filing system. Self-represented litigants may file in paper.
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: Administration and Hearing
For informal probate, there is typically no initial hearing. The Registrar reviews the application and issues Letters. If a formal petition is filed, the court will schedule a hearing, typically 3 to 5 weeks after filing.
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)
Local Requirements
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.
Timeline & Fees
Filing Fees (Custer County)
- Informal Probate Application: approximately $145 (includes base fee + court costs)
- Formal Probate Petition: approximately $145
- Certified copies of Letters: approximately $10 per certified copy
- Publication costs: approximately $150-$200 depending on the newspaper
- Inheritance Tax Determination: approximately $45 filing fee
Nebraska law requires fees to be reasonable; there is no statutory percentage schedule for attorney or executor fees.
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.
Local Resources
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