Overview
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.). The process begins with filing a Petition for Informal Probate of Will and Appointment of Personal Representative (Form CC 15:2) or a Petition for Formal Probate (Form CC 16:1) 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 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.
Courthouse Information
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.
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 (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: File the Petition
If formal probate is needed, file a Petition for Probate (Informal or Formal) with the County Court of Franklin County. Include:
- Original Will and codicils (if any)
- Certified copy of the Death Certificate
- Application for Informal Probate or Petition for Formal Probate
- Filing fee (approximately $22.00 plus court costs)
- Demand for Notice (if applicable)
Nebraska courts utilize an electronic filing system (Justice), though pro se litigants may often file in paper.
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: Attend the Hearing
For informal probate, the Registrar may issue Letters without a hearing if all paperwork is in order. For formal probate, the court will schedule a hearing to review the petition. If approved, the judge issues Letters Testamentary or Letters of Administration.
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.
Local Requirements
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.
Timeline & Fees
Filing Fees (Franklin County)
- Informal Probate Petition: approximately $22.00 (statutory base fee) + court costs (total varies, typically $50-$100)
- Formal Probate Petition: approximately $22.00 (statutory base fee) + court costs
- Certified copies of Letters: approximately $12.00 per certified copy
- Publication costs: approximately $50-$150 depending on the newspaper
- Inheritance Tax Determination: Fees vary based on estate value
Note: Fees are subject to change. Contact the court for the most current fee schedule.
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.
Local Resources
Franklin County Court Resources
- Court Website: https://franklincountyne.gov/county-court/
- Probate Self-Help: https://supremecourt.nebraska.gov/self-help/estates
- Nebraska Probate Forms: https://supremecourt.nebraska.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