Probate in Johnson County, Nebraska: 2026 Guide

Johnson County is located in Nebraska with a population of approximately 5,290. The Johnson 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 decedent's personal property (less liens and encumbrances) does not exceed $100,000, successors may collect assets via an Affidavit for Transfer of Personal Property without Probate (Neb. Rev. Stat. § 30-24,125) after a 30-day waiting period. There is also a simplified procedure for real property valued at $50,000 or less.

Nebraska does not have a statutory fee schedule for attorneys or personal representatives based on a percentage of the estate; fees must be reasonable and are subject to court review.

This guide provides an informational overview of the Johnson 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.

Johnson County Court

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

Address: 4th & Broadway St, Tecumseh, NE 68450

Phone: (402) 335-6313 (County Court)

Hours: Monday through Friday, 8:00 AM to 12:30 PM and 1:00 PM to 4:30 PM

The County Court is located on the main level of the courthouse. The Clerk Magistrate handles probate filings and scheduling.

Parking and Access

Street parking is available around the courthouse square in Tecumseh. The building is accessible to the public during business hours.

Step 1: Determine If Probate Is Necessary

Before filing, assess whether formal probate is required:

• Small Estate Affidavit (Personal Property): If the net value of personal property is $100,000 or less, you may use an affidavit after 30 days.
• Small Estate Affidavit (Real Property): If the value of real property is $50,000 or less, a specific affidavit procedure applies.
• Transfer on Death: Assets with beneficiary designations (POD/TOD) or held in trust generally avoid 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 Johnson 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 Johnson 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 Johnson County (e.g., Tecumseh Chieftain) 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 (claims are barred 2 months after publication or 3 years after death if no notice).
• 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 Formal Petition for Complete Settlement or a Sworn Statement of Personal Representative Closing Estate to conclude the matter.

Johnson County-Specific Procedures

• Local Court Rules: Johnson County is part of the 1st Judicial District; local rules may apply regarding scheduling and remote hearings.
• Inheritance Tax: Nebraska has a county inheritance tax. A determination of tax must be filed with the county court, even for non-probate estates.
• Publication: Notice is typically published in the Tecumseh Chieftain.
• Bond: Bond may be required unless waived by the will or by all interested parties.

Always check with the Clerk Magistrate for the most current local filing requirements.

Filing Fees (Johnson County)

• Probate Filing Fee: approximately $22 (statutory base) plus automation/court costs (total often ~$40-$50)
• Certified copies of Letters: approximately $5-$10 per copy
• Publication costs: approximately $100-$200 depending on the newspaper
• Inheritance Tax: Varies based on relationship to decedent and value of assets

Payment Methods

The court 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: 9-18 months
• Complex or contested estates: 18 months to 2 years+

The creditor claim period is 2 months following the first publication of notice.

Johnson County Court Resources

• Court Website: johnsoncounty.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 — Lawyer Referral Service
• Legal Aid of Nebraska: (877) 250-2016 — Low-income legal assistance
• Nebraska Free Legal Answers: ne.freelegalanswers.org

Publication

• Tecumseh Chieftain: (402) 335-3361 — Official county newspaper