Overview
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.). The process begins with filing a Petition for Probate (Form CC 15:1 or CC 15:2) 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 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.
Courthouse Information
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.
Filing Process
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: File the Petition
If formal probate is needed, file a Petition for Probate with the Johnson County Court. Include:
- Original Will and codicils (if any)
- Certified Death Certificate
- Application for Informal Probate or Petition for Formal Probate
- Filing fee (approximately $22 base fee plus court costs)
- Renunciations or Nominations from other heirs (if applicable)
Nebraska courts allow e-filing for attorneys; pro se litigants typically file in paper.
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: Attend the Hearing
For informal probate, a hearing is often not required if paperwork is in order. For formal probate, the court will schedule a hearing to review the petition. Upon approval, the judge or registrar issues Letters Testamentary or Letters of Administration.
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.
Local Requirements
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.
Timeline & Fees
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.
Local Resources
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