Probate in Nance County, Nebraska: 2026 Guide

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.). 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 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.

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.

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: 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 Nance 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 Nance 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 appointment to heirs, beneficiaries, and other interested parties after an informal appointment, and file an affidavit of mailing. In formal probate, notice of the hearing must also be given before the hearing.
• Publish notice in a newspaper of general circulation in Nance County 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 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

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.

Filing Fees (Nance 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 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.

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