Probate in Nemaha County, Nebraska: 2026 Guide

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.). 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 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.

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.

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: 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 Nemaha 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 Nemaha 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 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: 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 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

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.

Filing Fees (Nemaha 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, 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.

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