Overview
Nance County is located in Nebraska with a population of approximately 3,380. The County Court of Nance County 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 (CC 16:1) or Application for Informal Probate (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 Small Estate Affidavit procedure (Neb. Rev. Stat. § 30-24,125) for estates with personal property valued at $100,000 or less, and real property valued at $100,000 or less. This process can be used 30 days after death.
Nebraska law sets statutory fees for personal representatives and attorneys based on the complexity of the estate, though reasonable compensation is the standard.
This guide provides an informational overview of the Nance 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
County Court of Nance County
Probate matters in Nance County are handled at the Nance County Courthouse.
Address: 209 Esther St, P.O. Box 837, Fullerton, NE 68638
Phone: (308) 536-2675 (County Court)
Hours: Monday through Friday, 8:00 AM to 5:00 PM (County Court); Courthouse closes at 4:30 PM
The County Court is located within the Nance County Courthouse in Fullerton.
Parking and Access
Street parking is generally available around the courthouse square.
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 entire estate (less liens and encumbrances) is $100,000 or less, you may be able to transfer assets via affidavit 30 days after death.
- Transfer on Death Deeds: Real estate can be transferred outside of probate if a Transfer on Death Deed was properly recorded prior to the decedent's death.
- 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 Application for Informal Probate (Form CC 15:2) with the County Court of Nance County. Include:
- Application for Informal Probate
- Original Will (if applicable)
- Certified Copy of Death Certificate
- Filing fee (approximately $200)
- Renunciations/Nominations (if applicable)
Attorneys are generally required to e-file; self-represented litigants may file in paper.
Step 3: Provide Notice
After filing, you must:
- Mail notice of the hearing to all heirs, beneficiaries, and interested parties at least 14 days before the hearing
- Publish notice in a newspaper of general circulation in Nance County for three successive weeks
Step 4: Attend the Hearing
The court will schedule a hearing on the petition, typically 2 to 4 weeks after filing. At the hearing, the judge reviews the petition and, if approved, issues Letters Testamentary or Letters of Administration.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Notify creditors by publication; creditors have 2 months from the first publication date to file claims.
- 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
Local Requirements
Nance County-Specific Procedures
- E-filing: Mandatory for attorneys; optional for pro se filers.
- Inventory: Must be filed within 3 months of appointment.
- Self-Help: The Nebraska Judicial Branch provides extensive self-help forms online.
- Publication: Notice must be published in a newspaper of general circulation in Nance County for three consecutive weeks.
Nance County is in the 5th Judicial District.
Timeline & Fees
Filing Fees (Nance County)
- Initial Probate Petition: approximately $200
- Small Estate Affidavit Filing: approximately $25
- Certified copies of Letters: approximately $10 per certified copy
- Publication costs: approximately $50-$150 depending on the newspaper
- Court costs and surcharges may apply.
Nebraska does not have a strict percentage-based statutory fee schedule for attorneys; fees must be reasonable.
Payment Methods
The court accepts cash, check, or credit card (fees apply). Credit card payments typically incur a convenience fee.
Estimated Timelines
- Simple estates (no disputes, limited assets): 6-9 months
- Average estates: 9-18 months
- Complex or contested estates: 18 months to 2+ years
Creditor claim period is 2 months after publication.
Local Resources
Nance County Court Resources
- Court Website: nancecountyne.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 residents
- Nebraska Find a Lawyer: nefindalawyer.com
Publication
- Nance County Journal: (308) 536-3100 — Official county newspaper for legal notices
- Genoa Leader-Times: (402) 993-2233 — Local newspaper serving Genoa area