Overview
Kimball County is located in Nebraska with a population of approximately 3,300. The Kimball 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 Small Estate Affidavit procedure for estates where the value of personal property (less liens and encumbrances) does not exceed $100,000. This allows successors to collect assets without formal court administration.
Nebraska does not have a statutory fee schedule for attorneys or personal representatives based on a percentage of the estate; fees must be reasonable based on services rendered.
This guide provides an informational overview of the Kimball 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
Kimball County Court
Probate matters in Kimball County are handled at the Kimball County Courthouse.
Address: 114 East 3rd Street, Kimball, NE 69145
Phone: (308) 235-2241 (Courthouse Main) / (308) 235-2831 (County Court)
Hours: Monday through Thursday, 8:00 AM to 5:00 PM; Friday, 8:00 AM to 4:00 PM
The County Court is located within the county courthouse building.
Parking and Access
Street parking is generally available around the courthouse.
Filing Process
Step 1: Determine If Probate Is Necessary
Before filing, assess whether formal probate is required:
- Small Estate Affidavit: If the value of the decedent's personal property (less liens) is $100,000 or less, you may be able to transfer assets via affidavit 30 days after death.
- Transfer on Death (TOD): Real estate or securities registered with a TOD beneficiary pass directly to the named person.
- 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 Kimball 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 Kimball 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 hearing (or informal appointment) to all heirs, beneficiaries, and interested parties.
- Publish notice in a newspaper of general circulation in Kimball County (such as the Western Nebraska Observer) once a week for three successive weeks to notify creditors.
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 two months after the first publication of notice to file claims.
- Inventory and appraise all estate assets within three months of appointment.
- Pay valid creditor claims and estate expenses.
- File federal and state tax returns as needed (including Nebraska inheritance tax).
- Distribute assets to beneficiaries.
- File a Formal or Informal Closing Statement to close the estate.
Local Requirements
Kimball County-Specific Procedures
- Local Court Rules: Kimball County is in the 12th Judicial District; check district rules for specific filing requirements.
- Inheritance Tax: Nebraska has a county inheritance tax. A determination of inheritance tax must be filed with the county court, even if no tax is due.
- Publication: Notice is typically published in the Western Nebraska Observer.
Always check with the Clerk of the County Court for the most current local forms and procedural preferences.
Timeline & Fees
Filing Fees (Kimball 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 typically 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: 9-15 months
- Complex or contested estates: 18 months to 2+ years
Creditors have 2 months from the first publication of notice to file claims. The estate generally cannot be closed until this period expires and all claims are resolved.
Local Resources
Kimball County Court Resources
- Court Website: https://kimballcountyne.gov/
- Probate Self-Help: https://nebraskajudicial.gov/self-help/estates
- Nebraska Probate Forms: https://nebraskajudicial.gov/forms?field_form_type_tid=116
Legal Aid and Attorney Referrals
- Nebraska State Bar Association: (402) 475-7091 — https://www.nebar.com/
- Legal Aid of Nebraska: (877) 250-2016 — https://www.legalaidofnebraska.org/
Publication
- Western Nebraska Observer: (308) 235-3631 — https://www.westernnebraskaobserver.net/