Probate in Dodge County, Nebraska: 2026 Guide

Dodge County is located in Nebraska with a population of approximately 37,884. The Dodge 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 simplified procedures for small estates. If the value of the estate's personal property (less liens) is $100,000 or less, successors may use an Affidavit for Transfer of Personal Property without Probate (CC 15:40) after a 30-day waiting period. Similarly, real property valued at $100,000 or less may be transferred via affidavit (Neb. Rev. Stat. § 30-24,129).

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 Dodge 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.

Dodge County Court

Probate matters in Dodge County are handled at the Dodge County Judicial Center.

Address: 428 N Broad St, Fremont, NE 68025

Phone: (402) 727-2779 (County Court)

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

The County Court is located on the 3rd floor of the Judicial Center.

Parking and Access

Public parking is available around the courthouse and Judicial Center. Security screening is required for entry into the building.

Step 1: Determine If Probate Is Necessary

Before filing, assess whether formal probate is required:

• Small Estate Affidavit (Personal Property): If the net value of personal property is $100,000 or less, you may use an affidavit after 30 days.
• Small Estate Affidavit (Real Property): If the net value of real property is $100,000 or less, you may file an affidavit with the Register of Deeds.
• Transfer on Death (TOD): Assets with named beneficiaries (POD/TOD) or held in joint tenancy bypass 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 Dodge 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 Dodge 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 appointment to heirs, beneficiaries, and other interested parties after an informal appointment, and file an affidavit of mailing. In formal probate, notice of the hearing must also be given before the hearing.
• Publish notice in a newspaper of general circulation in Dodge County (e.g., Fremont Tribune) 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: Creditors have 2 months from the date of first 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 Formal Petition for Complete Settlement or a Sworn Statement to Close Estate to conclude the process.

Dodge County-Specific Procedures

• E-filing: Attorneys must use the state's JUSTICE e-filing system. Non-attorneys may file paper documents at the court clerk's office.
• Inheritance Tax: Nebraska imposes a county inheritance tax. A determination of tax must be filed with the county court, even for small estates.
• Publication: Notice is typically published in the Fremont Tribune.
• Bond: The court may require a surety bond unless the will waives it or all beneficiaries agree to waive it.

Always check with the Clerk of the County Court for the most current local rules and form requirements.

Filing Fees (Dodge 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, money orders, and credit/debit cards (with a 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

The creditor claim period in Nebraska is 2 months following the first publication of notice.

Dodge County Court Resources

• Court Website: https://nebraskajudicial.gov/courts/dodge-county-court
• 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
• Find a Lawyer: https://www.nefindalawyer.com

Publication

• Fremont Tribune: (402) 721-5000 — https://fremonttribune.com