Overview
Hamilton County is located in Nebraska with a population of approximately 9,429. The Hamilton 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 (Chapter 30). 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 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 to collect assets 30 days after death, bypassing formal probate.
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 Hamilton 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
Hamilton County Court
Probate matters in Hamilton County are handled at the Hamilton County Courthouse.
Address: 1111 13th Street, Aurora, NE 68818
Phone: (402) 694-6188 (County Court)
Hours: Monday through Friday, 8:00 AM to 5:00 PM
The County Court is located on the main level of the courthouse. The court handles probate, guardianship, conservatorship, and adoption cases.
Parking and Access
Public parking is available around the courthouse square. The building is accessible to persons with disabilities.
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 (less liens) is valued at $100,000 or less, you may use an affidavit 30 days after death.
- Transfer on Death (TOD): Real estate with a recorded Transfer on Death Deed passes directly to the beneficiary.
- 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 Hamilton County Court. Include:
- Application for Informal Probate
- Original will and codicils (if any)
- Certified death certificate
- Filing fee (approximately $22 plus court costs)
- Demand for Notice (if applicable)
Nebraska courts allow e-filing for attorneys; self-represented litigants typically file in person or by mail.
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 Hamilton County (such as the Aurora News-Register) once a week for three successive weeks.
Step 4: Attend the Hearing
For informal probate, a hearing is often not required if all paperwork is in order. The Registrar can issue the Statement of Informal Probate. For formal probate, the court will schedule a hearing to review the petition.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Notify creditors (creditors have 2 months from the first publication of notice to file claims)
- Inventory and appraise all estate assets within 3 months of appointment
- Pay valid creditor claims and estate taxes
- Distribute assets to beneficiaries
- File a Formal Petition for Complete Settlement or a Sworn Statement of Closing to close the estate
Local Requirements
Hamilton County-Specific Procedures
- E-filing: Mandatory for attorneys via the Nebraska Trial Court eFiling system; optional for pro se litigants.
- Bond requirements: Bond may be required unless waived by the will or by all interested persons.
- Local court rules: Check with the clerk for any specific local forms or scheduling procedures.
- Publication: Notice to creditors must be published in a legal newspaper within the county, typically the Aurora News-Register.
Always check with the Clerk of the County Court for the most current local requirements.
Timeline & Fees
Filing Fees (Hamilton County)
- Informal Probate Petition: approximately $22 (base statutory fee) plus applicable court costs
- Formal Probate Petition: approximately $22 (base statutory fee) plus applicable court costs
- 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 (presented directly to asset holders)
Nebraska law requires fees to be reasonable; there is no percentage-based statutory fee schedule for attorneys or executors.
Payment Methods
The court accepts cash, checks, and credit cards (with a processing fee).
Estimated Timelines
- Simple estates (informal): 6-9 months
- Average estates: 9-12 months
- Complex or contested estates: 12 months to 2 years
Creditors have 2 months from the first publication of notice to file claims. The inventory is due 3 months after appointment.
Local Resources
Hamilton County Court Resources
- Court Website: hamiltoncountyne.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: (877) 250-2016 — legalaidofnebraska.org
- Find a Lawyer: NSBA Lawyer Referral
Publication
- Aurora News-Register: (402) 694-2131 — auroranewsregister.com