Overview
Greeley County is located in Nebraska with a population of approximately 2,197. The Greeley 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 simplified procedure for small estates. If the value of the estate (less liens and encumbrances) is $100,000 or less, successors may use an Affidavit for Transfer of Personal Property without Probate after a 30-day waiting period, avoiding formal court proceedings.
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 Greeley 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
Greeley County Court
Probate matters in Greeley County are handled at the Greeley County Courthouse.
Address: 101 South Kildare Street, PO Box 302, Greeley, NE 68842
Phone: 308-428-2705 (County Court Clerk)
Hours: Monday through Friday, 8:00 AM to 4:00 PM
The County Court is located within the historic Greeley County Courthouse. The Clerk Magistrate handles probate filings and can assist with procedural questions but cannot provide legal advice.
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 required 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 net value is $100,000 or less, you may be able to use an Affidavit for Transfer of Personal Property without Probate (CC 15:40) after 30 days.
- Transfer on Death (TOD): Real estate with a recorded TOD deed or vehicles with TOD beneficiaries transfer automatically.
- 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 Greeley 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 Greeley 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 within 30 days of appointment.
- Publish notice to creditors in a newspaper of general circulation in Greeley County (e.g., Greeley County Republican) 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 after the first publication of notice to file claims.
- Inventory and appraise: Prepare an inventory of estate assets within 3 months of appointment.
- Pay debts and taxes: Pay valid creditor claims and file necessary tax returns.
- Distribute assets: Distribute remaining assets to beneficiaries according to the will or intestacy laws.
- Close the estate: File a Petition for Complete Settlement or a sworn statement to close the estate.
Local Requirements
Greeley County-Specific Procedures
- Local Court Rules: The 8th Judicial District rules may apply. Always check with the Clerk Magistrate for specific local filing requirements.
- Publication: Notice to creditors must be published in a legal newspaper within the county, such as the Greeley County Republican.
- Bond: A bond may be required unless waived by the will or by the court.
Contact the Clerk Magistrate at 308-428-2705 to verify the current list of approved newspapers and specific number of copies required for filings.
Timeline & Fees
Filing Fees (Greeley County)
- Informal Probate Filing Fee: approximately $22 (statutory fee) + court costs (total often ~$100-$150)
- Certified copies of Letters: approximately $5-$10 per copy
- Publication costs: approximately $50-$150 depending on the newspaper
- Small Estate Affidavit: No court filing fee (document is presented to asset holders)
Payment Methods
The court accepts cash, checks, and money orders. Credit/debit cards may be accepted 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
Creditors have 2 months from the date of first publication to file claims, which sets a minimum timeline for closing the estate.
Local Resources
Greeley County Court Resources
- Court Website: greeleycounty.ne.gov
- Probate Self-Help: Nebraska Judicial Branch Self-Help
- Nebraska Probate Forms: Supreme Court Forms
Legal Aid and Attorney Referrals
- Nebraska State Bar Association: (402) 475-7091 — nebar.com
- Legal Aid of Nebraska: 1-877-250-2016 — legalaidofnebraska.org
- Volunteer Lawyers Project: nevlp.org
Publication
- Greeley County Republican: (308) 428-3020 — Newspaper of general circulation