Probate in Franklin County, Nebraska: 2026 Guide

Franklin County is located in Nebraska with a population of approximately 2,889. The County Court of Franklin County 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 procedure for small estates. If the value of the decedent's personal property (less liens and encumbrances) does not exceed $100,000, successors may use an Affidavit for Transfer of Personal Property without Probate after a 30-day waiting period. Recent legislation (LB 1317) also allows for the transfer of real property valued at $100,000 or less via a small estate affidavit.

Nebraska law does not set a mandatory statutory fee schedule for attorneys or personal representatives; fees must be reasonable and are subject to court review if contested.

This guide provides an informational overview of the Franklin 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.

County Court of Franklin County

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

Address: 405 15th Avenue, P.O. Box 174, Franklin, NE 68939

Phone: 308-425-6288 (County Court Clerk)

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

The County Court is located within the main courthouse building. The Clerk of the County Court handles probate filings.

Parking and Access

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 (and real property is $100,000 or less), you may be able to transfer assets via affidavit 30 days after death without court administration.
• Transfer on Death (TOD): Assets with named beneficiaries (POD accounts, TOD deeds) 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 Franklin 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 Franklin 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.
• Publish notice to creditors in a newspaper of general circulation in Franklin County (such as the Franklin County Chronicle) 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 and allow a claim period (2 months after first publication).
• Inventory and appraise all estate assets within 3 months of appointment.
• Pay valid creditor claims and administrative expenses.
• File federal and state tax returns (including Nebraska Inheritance Tax).
• Distribute assets to beneficiaries.
• File a Statement of Informal Closing or petition for formal discharge to close the estate.

Franklin County-Specific Procedures

• E-filing: Attorneys are generally required to e-file via the Nebraska court system; self-represented litigants should check with the clerk for paper filing options.
• Inheritance Tax: Nebraska has a county-level inheritance tax. Proceedings to determine the tax are filed in the County Court.
• Publication: Notice to creditors must be published in a legal newspaper of general circulation in Franklin County, such as the Franklin County Chronicle.

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

Filing Fees (Franklin 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 typically accepts cash, checks, or money orders. Credit cards may be accepted for e-filing or with a convenience fee.

Estimated Timelines

• Simple estates (Informal): 6-9 months
• Average estates: 9-12 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.

Franklin County Court Resources

• Court Website: https://franklincountyne.gov/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: 1-877-250-2016 — https://www.legalaidofnebraska.org
• Nebraska Find-a-Lawyer: https://www.nefindalawyer.com

Publication

• Franklin County Chronicle: 308-425-6226 — Legal newspaper for Franklin County