Overview
Nemaha County is located in Nebraska with a population of approximately 7,046. The Nemaha 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 Informal Probate (Form 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 simplified procedures for small estates. If the value of the estate's personal property (less liens and encumbrances) is $100,000 or less, successors may use a Small Estate Affidavit to collect assets 30 days after death. There is also a simplified process for transferring real property valued at $100,000 or less.
Nebraska does not have a 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 Nemaha 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
Nemaha County Court
Probate matters in Nemaha County are handled at the Nemaha County Courthouse.
Address: 1824 N Street, Suite 302, Auburn, NE 68305
Phone: (402) 274-3008 (County Court)
Hours: Monday through Friday, 8:00 AM – 12:00 PM, 1:00 PM – 5:00 PM
The County Court is located in the county seat of Auburn. The court handles probate, guardianship, and conservatorship matters.
Parking and Access
Street parking is generally available around the courthouse square. 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 collect assets via affidavit 30 days after death.
- Affidavit for Transfer of Real Property: If the value of real property is $100,000 or less, it may be transferred via affidavit filed 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 Informal Probate (Form CC 15:2) with the Nemaha County Court. Include:
- Application for Informal Probate
- Original will and codicils (if any)
- Certified death certificate
- Filing fee (approx. $25.00 plus court costs)
- Renunciations/Nominations (if applicable)
E-filing is available via the Nebraska Trial Court eFiling system and is mandatory for attorneys.
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 (for informal probate) or at least 14 days before the hearing (for formal probate).
- Publish notice in a newspaper of general circulation in Nemaha County for three successive weeks to notify creditors.
Step 4: Attend the Hearing
For informal probate, a hearing is typically not required if all paperwork is in order. For formal probate, the court will schedule a hearing, typically 3 to 6 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 — creditors have 2 months after first publication to file claims
- Inventory and appraise all estate assets within 3 months of appointment
- Pay valid creditor claims
- File federal and state tax returns as needed (including Nebraska Inheritance Tax)
- Distribute assets to beneficiaries
- File a final accounting and petition for discharge
Local Requirements
Nemaha County-Specific Procedures
- E-filing: Mandatory for attorneys; optional for self-represented litigants via the state system.
- Inventory: Must be filed with the court within 3 months of the personal representative's appointment.
- Inheritance Tax: Nebraska has a county-level inheritance tax. Proceedings to determine tax are often conducted parallel to the probate process in the County Court.
- Publication: Notice must be published in a newspaper of general circulation in Nemaha County for three successive weeks.
Always check with the clerk of the Nemaha County Court for the most current local rules and requirements.
Timeline & Fees
Filing Fees (Nemaha County)
- Petition for Probate: approximately $25.00 (plus applicable court costs/surcharges)
- Automation/Court Costs: approximately $10.00-$15.00
- Certified copies of Letters: approximately $5.00 per certified copy
- Publication costs: approximately $50-$150 depending on the newspaper
- Inheritance Tax Determination: Fees vary based on estate value
Nebraska does not have a statutory percentage for attorney or executor fees; fees must be reasonable.
Payment Methods
The court accepts cash, checks, or credit cards (convenience fees may apply).
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
Timelines are affected by the 2-month creditor claim period and the time required to determine and pay Nebraska Inheritance Tax.
Local Resources
Nemaha County Court Resources
- Court Website: nemahacountyne.gov
- Probate Self-Help: Nebraska Supreme Court Self-Help
- Nebraska Probate Forms: State Supreme Court Forms
Legal Aid and Attorney Referrals
- Nebraska State Bar Association: (402) 475-7091 — Professional association for lawyers
- Legal Aid of Nebraska: (877) 250-2016 — Legal assistance for low-income residents
- Nebraska Find a Lawyer: nefindalawyer.com
Publication
- Nemaha County Herald: (402) 274-3185 — Official legal newspaper for Nemaha County
- Auburn Newspapers: (402) 274-3185 — Publisher of local legal notices