Probate in Rock County, Nebraska: 2026 Guide

Rock County is located in Nebraska with a population of approximately 1,250. The Rock 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 a simplified process for small estates. If the value of the estate's personal property does not exceed $100,000 and/or real property does not exceed $100,000, successors may use an Affidavit for Transfer of Personal Property without Probate or a simplified petition process after a 30-day waiting period.

Nebraska law does not set a mandatory 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 Rock 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.

Rock County Court

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

Address: 400 S State St, Bassett, NE 68714

Phone: (402) 684-3933 (County Court)

Hours: Monday through Friday, 9:00 AM to 12:00 PM and 1:00 PM to 5:00 PM (closed for lunch)

The County Court is located within the county courthouse in Bassett. Note that the judge and staff may serve multiple counties; it is advisable to call ahead to confirm availability or schedule appointments.

Parking and Access

Free street parking is generally available around the courthouse square in Bassett. The building is accessible to the public during standard business hours.

Step 1: Determine If Probate Is Necessary

Before filing, assess whether formal probate is required:

• Small Estate Affidavit: If the net value of personal property is $100,000 or less, you may be able to collect assets via affidavit 30 days after death.
• Transfer on Death: Real estate with a Transfer on Death Deed or vehicles with TOD beneficiaries pass directly to successors.
• 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 Rock 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 Rock 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 Rock County (such as the Rock County Leader) 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 two months after the first publication of notice to file claims.
• Inventory and appraise all estate assets within three months of appointment.
• Pay valid creditor claims and administrative expenses.
• File federal and state tax returns as needed (including Nebraska inheritance tax).
• Distribute assets to beneficiaries.
• File a final accounting and petition for discharge to close the estate.

Rock County-Specific Procedures

• E-filing: Attorneys are mandated to use the Nebraska state e-filing system. Pro se litigants may file paper documents at the clerk's window.
• Inheritance Tax: Nebraska has a county inheritance tax. Proceedings to determine the tax are handled by the County Court, even if no full probate is required.
• Publication: Notice is typically published in the Rock County Leader, the local newspaper of record.
• Hearings: As a smaller county, hearing dates may be limited based on the judge's rotation schedule. Check with the clerk for available dates.

Always consult the specific Local Court Rules of the 8th Judicial District for detailed procedural requirements.

Filing Fees (Rock 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 money orders. Credit cards may be accepted for e-filing or with a convenience fee.

Estimated Timelines

• Simple estates (Informal): 6-9 months
• Average estates: 9-12 months
• Complex or contested estates: 12 months to 2 years

The creditor claim period is two months from the first date of publication, which sets a minimum timeline for closing the estate.

Rock County Court Resources

• Court Website: https://rockcountyne.gov
• 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
• Find a Lawyer: https://www.nefindalawyer.com

Publication

• Rock County Leader: (402) 684-3771 — Local newspaper for legal notices