Probate in Hamilton County, Nebraska: 2026 Guide

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). 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 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.

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.

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: 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 Hamilton 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 Hamilton 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 Hamilton County (such as the Aurora News-Register) 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 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

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.

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.

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