Where do I file for probate in Madison County?

File at the Madison County Court, located at 1313 North Main Street, Madison, NE 68748. The court is open M-F, 8:00 AM to 5:00 PM.

How much does probate cost in Madison County?

Filing fees typically range from $200 to $500 depending on the estate's value. Publication costs add another $150-$300.

Can I avoid probate in Madison County with a small estate?

Yes. If the estate's personal property is valued at $100,000 or less, you can use a Small Estate Affidavit after a 30-day waiting period. Real property valued at $50,000 or less also has a simplified affidavit process.

How long does probate take in Madison County?

Simple informal probates often take 6-9 months. The creditor claim period is 2 months, and inventory is due within 3 months. Complex cases can take over a year.

Do I need an attorney for probate in Madison County?

Nebraska law does not strictly require an attorney, but probate can be complex, especially regarding inheritance tax. The court staff cannot provide legal advice, so hiring an attorney is often recommended.

What is the deadline for creditors to file claims?

Creditors generally have two months from the date of the first publication of the notice to file their claims against the estate.

Madison County Probate Guide: Courts, Fees & Process (2026)

Overview

Madison County is located in Nebraska with a population of approximately 35,579. The Madison 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 Formal Probate of Will or Application for Informal Probate 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 simplified procedures for smaller estates. If the value of the decedent's personal property (less liens and encumbrances) is $100,000 or less, it may be transferred via an Affidavit for Transfer of Personal Property without Probate (Form CC 15:40) after a 30-day waiting period. For real property valued at $50,000 or less, a similar affidavit procedure is available under Neb. Rev. Stat. § 30-24,129.

Nebraska law does not set a mandatory 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 Madison 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

Madison County Court

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

Address: 1313 North Main Street, P.O. Box 230, Madison, NE 68748

Phone: (402) 454-3311 (County Court)

Hours: Monday through Friday, 8:00 AM to 5:00 PM

The County Court is located within the main courthouse building. It handles probate, guardianship, conservatorship, and adoption matters.

Parking and Access

Public parking is available around the courthouse square and on adjacent streets. There is a security checkpoint at the main entrance; visitors should be prepared to pass through metal detectors.

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 30 days after death.
Small Estate Affidavit (Real Property): If the net value of real property is $50,000 or less, you may file an affidavit with the Register of Deeds.
Trust administration: Assets held in a living trust generally do not require probate.

Step 2: File the Petition

If formal probate is needed, file a Petition for Formal Probate or Application for Informal Probate with the Madison County Court. Include:

Petition or Application (Form CC 16:2.1 or similar)
Original will and codicils (if any)
Certified death certificate
Filing fee (varies by estate value)
Demand for Notice (if applicable)

Nebraska courts utilize an electronic filing system (JUSTICE) for attorneys. Self-represented litigants may file in paper at the clerk's office.

Step 3: Provide Notice

After filing, you must:

Mail notice of the hearing (for formal probate) or notice of the application (for informal probate) to all heirs, beneficiaries, and interested parties.
Publish notice in a newspaper of general circulation in Madison County (such as the Norfolk Daily News) for three successive weeks to notify creditors and unknown heirs.

Step 4: Attend the Hearing

For formal probate, the court will schedule a hearing on the petition, typically 3 to 4 weeks after filing. At the hearing, the judge reviews the petition and, if approved, issues Letters Testamentary or Letters of Administration. Informal probate typically does not require a hearing if the registrar approves the application.

Step 5: Administer the Estate

After receiving Letters, the personal representative must:

Notify creditors — creditors have 2 months from the date of first publication to file claims.
Inventory and appraise all estate assets within 3 months of appointment.
Pay valid creditor claims and administrative expenses.
File federal and state tax returns as needed (including Nebraska Inheritance Tax).
Distribute assets to beneficiaries.
File a final accounting and petition for discharge or a sworn statement to close the estate.

Local Requirements

Madison County-Specific Procedures

Nebraska Inheritance Tax: A determination of inheritance tax must be made for all Nebraska estates. This often requires a separate proceeding or filing within the probate case.
Bond requirements: Bond may be required unless waived by the will or by the court.
Local court rules: The 7th Judicial District may have specific case progression standards.
Publication: Notice is typically published in the Norfolk Daily News, which serves as the primary legal newspaper for the county.

Always check with the Clerk of the County Court for the most current local forms and procedural preferences.

Timeline & Fees

Filing Fees (Madison County)

Nebraska probate filing fees are generally based on the value of the estate (Neb. Rev. Stat. § 33-125).

Initial Filing Fee: Approximately $200 - $500 depending on estate value (Base fee plus value-based assessment)
Certified copies of Letters: Approximately $5 - $10 per copy
Publication costs: Approximately $150 - $300 depending on the newspaper and length of notice
Inheritance Tax Determination: Separate filing fees may apply if filed independently

Payment Methods

The court accepts cash, checks, and money orders. Credit/debit cards may be accepted 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 or more

The creditor claim period in Nebraska is 2 months following the first publication of notice. The inventory is due 3 months after appointment.

Local Resources

Madison County Court Resources

Court Website: madisoncountyne.gov
Probate Self-Help: Nebraska Supreme Court Self-Help
Nebraska Probate Forms: Supreme Court Forms

Legal Aid and Attorney Referrals

Nebraska State Bar Association: (402) 475-7091 — Find a Lawyer
Legal Aid of Nebraska: (877) 250-2016 — legalaidofnebraska.org

Publication

Norfolk Daily News: (402) 371-1020 — norfolkdailynews.com

Probate in Madison County, Nebraska: 2026 Guide