Overview
Fillmore County is located in Nebraska with a population of approximately 5,551. The Fillmore 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) 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 Small Estate Affidavit procedure for estates with personal property valued at $100,000 or less (Neb. Rev. Stat. § 30-24,125). There is also a simplified "Short Form" probate for certain estates.
Nebraska does not have a statutory percentage fee for personal representatives; fees must be reasonable.
This guide provides an informational overview of the Fillmore 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
Fillmore County Court
Probate matters in Fillmore County are handled at the Fillmore County Courthouse.
Address: 900 G Street, 2nd Floor, Geneva, NE 68361
Phone: (402) 759-3514 (County Court)
Hours: Monday through Friday, 8:00 AM to 12:00 PM and 1:00 PM to 5:00 PM
The County Court is located within the historic Fillmore County Courthouse in downtown Geneva on the second floor.
Parking and Access
Free street parking is generally available around the courthouse square.
Filing Process
Step 1: Determine If Probate Is Necessary
Before filing, assess whether formal probate is required:
- Small Estate Affidavit: If the value of the decedent's personal property (less liens) is $100,000 or less, you may be able to transfer assets via affidavit 30 days after death.
- Transfer on Death (TOD) Deeds: Real estate can be transferred outside of probate if a valid TOD deed was recorded prior to death.
- 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) with the Fillmore County Court. Include:
- Application for Informal Probate
- Original will and codicils (if any)
- Certified Copy of Death Certificate
- Filing fee (approx. $200)
- Renunciations/Nominations (if applicable)
Attorneys are required to e-file; self-represented litigants may file in paper.
Step 3: Provide Notice
After filing, you must:
- Mail notice of the hearing to all heirs, beneficiaries, and interested parties at least 14 days before the hearing
- Publish notice in a newspaper of general circulation in Fillmore County for three successive weeks
Step 4: Attend the Hearing
The court will schedule a hearing on the petition, typically 3 to 4 weeks after filing. At the hearing, the judge reviews the petition and, if approved, issues Letters Testamentary or Letters of Administration.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Publish notice to 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
- File federal and state tax returns as needed
- Distribute assets to beneficiaries
- File a final accounting and petition for discharge
Local Requirements
Fillmore County-Specific Procedures
- E-Filing: Mandatory for attorneys via Nebraska.gov; optional for pro se filers.
- Probate Packet: The court may require a specific packet of forms to be submitted together.
- Self-Help Desk: The Nebraska Judicial Branch provides a self-help desk for probate forms.
- Publication: Notice must be published in a newspaper of general circulation in Fillmore County for three consecutive weeks.
Check with the clerk for any specific local rules regarding bond waivers.
Timeline & Fees
Filing Fees (Fillmore County)
- Informal Probate Petition: approximately $200
- Objection/Contest: approximately $200
- Certified copies of Letters: approximately $10 per certified copy
- Publication costs: approximately $50-$150 depending on the newspaper
- Automation fee: ~$8
Nebraska law requires attorney and executor fees to be "reasonable" based on factors like time spent and complexity (Neb. Rev. Stat. § 30-2476).
Payment Methods
The court accepts cash, check, or credit card (with service fee). Credit card payments incur a convenience fee.
Estimated Timelines
- Simple estates (no disputes, limited assets): 6-9 months
- Average estates: 9-12 months
- Complex or contested estates: 1 year to 2+ years
The 2-month creditor claim period and tax processing times significantly influence the timeline.
Local Resources
Fillmore County Court Resources
- Court Website: fillmorecountyne.gov
- Probate Self-Help: Nebraska Judicial Branch Self-Help
- Nebraska Probate Forms: Nebraska Probate Forms
Legal Aid and Attorney Referrals
- Nebraska State Bar Association: (402) 475-7091 — Find a Lawyer service
- Legal Aid of Nebraska: (877) 250-2016 — Free civil legal aid for low-income residents
- State Bar Lawyer Referral: nebar.com
Publication
- The Nebraska Signal: (402) 759-3117 — Official county newspaper for legal notices