Probate in Red Willow County, Nebraska: 2026 Guide

Red Willow County is located in Nebraska with a population of approximately 10,409. The County Court of Red Willow 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 simplified procedure for small estates. If the value of the entire estate (less liens and encumbrances) is $100,000 or less, successors can use a Small Estate Affidavit to collect assets without formal probate, provided at least 30 days have passed since the death.

Nebraska's filing fees are set by statute and are relatively low compared to other states (base fee approx. $22 plus court costs). Nebraska does not have a statutory percentage fee schedule for attorneys or personal representatives; fees must be reasonable based on the services provided.

This guide provides an informational overview of the Red Willow 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 Red Willow County

Probate matters in Red Willow County are handled at the Red Willow County Courthouse.

Address: 502 Norris Avenue, McCook, NE 69001

Phone: (308) 345-1904 (County Court)

Hours: Monday through Friday, 8:00 AM to 4:00 PM (typical hours; verify with court)

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

Parking and Access

Street parking is generally available around the courthouse square. The building is accessible to the public during business hours with security screening at the entrance.

Step 1: Determine If Probate Is Necessary

Before filing, assess whether formal probate is required:

• Small Estate Affidavit: If the estate is valued at $100,000 or less (less liens), you may use an affidavit after a 30-day waiting period.
• Transfer on Death Deeds: Real property can be transferred directly to a beneficiary if a Transfer on Death Deed was recorded before 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 Red Willow 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 Red Willow 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.
• Publish notice in a newspaper of general circulation in Red Willow County (such as the McCook Gazette) 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 — publish notice for 3 consecutive weeks; creditors have 2 months from 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.
• Distribute assets to beneficiaries.
• File a final accounting and petition for discharge.

Red Willow County-Specific Procedures

• E-filing: Attorneys are generally required to e-file via the Nebraska Trial Court eFiling system.
• Self-Representation: Self-represented litigants may file in paper but are encouraged to use the court's self-help forms available on the Nebraska Judicial Branch website.
• Local Court Rules: Follow Nebraska Uniform County Court Rules.
• Publication: Notice must be published in a newspaper of general circulation in Red Willow County for three successive weeks.

The court clerk can provide procedural information but cannot give legal advice.

Filing Fees (Red Willow County)

• Informal Probate Petition: approximately $22 (base statutory fee) + costs
• Guardianship/Conservatorship Petition: approximately $22 + costs
• Certified copies of Letters: approximately $5-$10 per certified copy
• Publication costs: approximately $150-$300 depending on the newspaper
• Search Fee: approximately $17

Nebraska does not have a statutory percentage fee schedule for attorneys or personal representatives; fees must be reasonable.

Payment Methods

The court accepts cash, check, or money order. Credit cards are typically accepted for e-filing transactions.

Estimated Timelines

• Simple estates (no disputes, limited assets): 6-9 months
• Average estates: 9-15 months
• Complex or contested estates: 18 months to 2+ years

The creditor claim period is 2 months from the date of the first publication of notice.

Red Willow County Court Resources

• Court Website: Red Willow County Court
• Probate Self-Help: Nebraska Judicial Branch Self-Help
• Nebraska Probate Forms: Nebraska Judicial Branch 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

• McCook Gazette: (308) 345-4500 — Local legal newspaper.
• Omaha World-Herald: (402) 444-1000 — Statewide circulation option.