Probate in Richardson County, Nebraska: 2026 Guide

Richardson County is located in Nebraska with a population of approximately 7,666. The County Court of Richardson 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 decedent's personal property (less liens and encumbrances) does not exceed $100,000, successors may claim assets via an Affidavit for Transfer of Personal Property without Probate (CC 15:40) after a 30-day waiting period. Real property valued at $100,000 or less may also be transferred via affidavit under recent legislative updates (LB 1317).

Nebraska does not have a statutory fee schedule for attorneys or personal representatives based on a percentage of the estate; fees must be reasonable based on services rendered.

This guide provides an informational overview of the Richardson 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 Richardson County

Probate matters in Richardson County are handled at the Richardson County Courthouse.

Address: 1700 Stone Street, Room 205, Falls City, NE 68355

Phone: (402) 245-2812

Hours: Monday through Friday, 8:00 AM to 5:00 PM (Closed 12:00 PM - 1:00 PM)

The County Court is located on the second floor of the courthouse. The court handles probate, guardianships, conservatorships, and adoption cases.

Parking and Access

Free street parking is generally available around the courthouse square in Falls City. 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 (Personal Property): If the net value of personal property is $100,000 or less, you may use the Affidavit for Transfer of Personal Property without Probate (CC 15:40) after 30 days.
• Small Estate Affidavit (Real Property): If the value of real property is $100,000 or less, it may be transferred via affidavit recorded 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 Richardson 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 Richardson 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 hearing (for formal probate) or notice of appointment (for informal probate) to all heirs, beneficiaries, and interested parties.
• Publish notice in a newspaper of general circulation in Richardson County (e.g., Falls City Journal) 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 (creditors have 2 months after the first publication of notice to file claims).
• Inventory and appraise all estate assets within 3 months of appointment.
• Pay valid creditor claims and estate taxes.
• Distribute assets to beneficiaries.
• File a Formal Petition for Complete Settlement or an Informal Closing Statement to close the estate.

Richardson County-Specific Procedures

• Local Court Rules: The 1st Judicial District rules apply.
• Publication: Notice to creditors and notice of probate must be published in a legal newspaper within the county, such as the Falls City Journal.
• Inventory: Must be filed with the court and mailed to interested parties within 3 months.
• Inheritance Tax: Nebraska has a county inheritance tax. A determination of inheritance tax must be filed, even for small estates in some cases.

Always check with the Clerk of the County Court for the most current local forms and requirements.

Filing Fees (Richardson County)

• Probate Petition (Informal/Formal): approximately $25-$50 (base fee) + court costs
• Small Estate Affidavit: No court filing fee if used out of court; recording fees apply for real estate.
• Certified copies of Letters: approximately $1-$5 per copy
• Publication costs: approximately $50-$150 depending on the newspaper
• Inheritance Tax: Varies based on relationship to decedent and value of assets (paid to County Treasurer).

Payment Methods

The court accepts cash, checks, and money orders. Credit cards may be accepted with a convenience fee.

Estimated Timelines

• Simple estates (Informal): 6-9 months
• Average estates: 9-18 months
• Complex or contested estates: 18 months to 2 years+

The creditor claim period is 2 months from the first date of publication. The estate generally cannot be closed until this period expires and all claims are resolved.

Richardson County Court Resources

• Court Website: https://richardsoncountyne.gov/webpages/county_court/county_court.html
• Probate Self-Help: https://nebraskajudicial.gov/self-help/estates
• Nebraska Probate Forms: https://nebraskajudicial.gov/forms

Legal Aid and Attorney Referrals

• Nebraska State Bar Association: (402) 475-7091 — https://www.nebar.com
• Legal Aid of Nebraska: (877) 250-2016 — https://www.legalaidofnebraska.org

Publication

• Falls City Journal: (402) 245-2431 — Newspaper of general circulation for legal notices.