Probate in Hayes County, Nebraska: 2026 Guide

Hayes County is located in Nebraska with a population of approximately 850. The Hayes 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 Small Estate Affidavit procedure if the value of the decedent's personal property is $100,000 or less, or if the value of real property is $50,000 or less. This affidavit can be used 30 days after death.

Nebraska does not have a statutory fee schedule for attorneys or executors; fees must be reasonable based on the services provided.

This guide provides an informational overview of the Hayes 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.

Hayes County Court

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

Address: 505 Troth Street, P.O. Box 370, Hayes Center, NE 69032

Phone: (308) 286-3315 or (308) 345-1905 or (308) 345-1904

Hours: Call ahead for current hours

The County Court handles probate matters. The Clerk of the District Court may also assist with filings.

Parking and Access

Street parking is generally available around the courthouse.

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, or real property is $50,000 or less, you may use an affidavit 30 days after death.
• Transfer on Death Deed: Real estate can be transferred without probate if a valid Transfer on Death Deed was recorded before death.
• 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 Hayes 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 Hayes 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 appointment to heirs, beneficiaries, and other interested parties after an informal appointment, and file an affidavit of mailing. In formal probate, notice of the hearing must also be given before the hearing.
• Publish notice in a newspaper of general circulation in Hayes County 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:

• Publish notice to creditors; the claim period is 2 months after the first publication
• Inventory and appraise all estate assets within 3 months
• Pay valid creditor claims
• File federal and state tax returns as needed
• Distribute assets to beneficiaries
• File a final accounting and petition for discharge

Hayes County-Specific Procedures

• E-Filing: Attorneys must e-file; pro se litigants may file in paper or electronically.
• Inheritance Tax: Nebraska has a county inheritance tax that must be determined and paid before the estate is closed.
• Self-Help Desk: The Nebraska Judicial Branch provides a virtual self-help desk for probate forms.
• Publication: Notice must be published in a newspaper of general circulation in Hayes County for three successive weeks.

Nebraska Court Rules of Probate apply statewide.

Filing Fees (Hayes 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 accepts cash, check, or credit card (with surcharge).

Estimated Timelines

• Simple estates (no disputes, limited assets): 6-9 months
• Average estates: 9-12 months
• Complex or contested estates: 1 year or more

Inheritance tax determination can delay closing.

Hayes County Court Resources

• Court Website: hayescounty.ne.gov
• Probate Self-Help: Nebraska Judicial Branch Self-Help
• Nebraska Probate Forms: Official Court Forms

Legal Aid and Attorney Referrals

• Nebraska State Bar Association: (402) 475-7091 — Find a Lawyer Service
• Legal Aid of Nebraska: (877) 250-2016 — Free legal assistance for qualifying low-income residents
• Nebraska Find a Lawyer: nefindalawyer.com

Publication

• Hayes Center Times-Republican: (308) 286-3325 — Local newspaper for legal notices
• McCook Gazette: (308) 345-4500 — Regional newspaper