Probate in Fillmore County, Nebraska: 2026 Guide

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.). 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 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.

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.

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: 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 Fillmore 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 Fillmore 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 Fillmore County 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:

• 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

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.

Filing Fees (Fillmore 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, 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.

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