Overview
Sarpy County is located in Nebraska with a population of approximately 204,828. The Sarpy 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 (Chapter 30). The process begins with filing a Petition for Informal Probate of Will and Appointment of Personal Representative or a Petition for Formal Probate 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 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 after a 30-day waiting period. Real property valued at $100,000 or less may also be transferred via affidavit under specific conditions.
Nebraska does not have a statutory percentage fee schedule for attorneys or personal representatives. Fees must be "reasonable" based on the time spent, complexity of the estate, and results achieved.
This guide provides an informational overview of the Sarpy 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
Sarpy County Court
Probate matters in Sarpy County are handled at the Sarpy County Courthouse Campus.
Address: 1210 Golden Gate Drive, Suite 3142, Papillion, NE 68046-3087
Phone: (402) 593-5775 (County Court)
Hours: Monday through Friday, 8:00 AM to 4:45 PM
The County Court handles probate, guardianship, and conservatorship matters. The probate division is typically located within the main court administrative offices.
Parking and Access
Free public parking is available in the lots surrounding the courthouse complex on Golden Gate Drive. Visitors must pass through security screening upon entering the building.
Filing Process
Step 1: Determine If Probate Is Necessary
Before filing, assess whether formal probate is required:
- Small Estate Affidavit: If the net estate (personal property) is valued at $100,000 or less, you may be able to use an affidavit to collect assets 30 days after death without court involvement.
- Transfer on Death (TOD): Real estate with a recorded Transfer on Death Deed or vehicles with TOD beneficiaries pass directly to the named beneficiary.
- 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 Probate with the Sarpy County Court. Include:
- Application for Informal Probate and/or Appointment of Personal Representative
- Original will and codicils (if any)
- Certified death certificate
- Filing fee (approximately $125)
- Renunciations/Nominations from other heirs if applicable
Nebraska allows for both "Informal" (administrative, less court supervision) and "Formal" (litigated, judge-approved) probate proceedings.
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 to creditors in a newspaper of general circulation in Sarpy County (such as the Sarpy County Times or Omaha Daily Record) once a week for three successive weeks.
Step 4: Attend the Hearing
For informal probate, a hearing is often not required if paperwork is in order; the Registrar can issue the Letters. For formal probate, the court will schedule a hearing to prove the will and appoint the representative.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Notify creditors and allow for the two-month claim period following publication.
- 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 proceedings).
- Distribute assets to beneficiaries.
- File a Formal or Informal Closing Statement to close the estate.
Local Requirements
Sarpy County-Specific Procedures
- Nebraska Inheritance Tax: Nebraska has a county-level inheritance tax. A separate proceeding to determine inheritance tax is often required even if full probate is not. This is filed with the County Court.
- Local Court Rules: Sarpy County is in the 2nd Judicial District. Local rules may require specific formatting for pleadings.
- Publication: Notice to creditors is mandatory. The Sarpy County Times is frequently used for legal notices in the county.
Always check with the Clerk of the County Court for the most current local checklists or requirements.
Timeline & Fees
Filing Fees (Sarpy County)
- Petition for Probate: approximately $125 (includes various court costs)
- Small Estate Affidavit: No court fee if not filed; nominal fee if filed for record purposes.
- Certified copies of Letters: approximately $5-$10 per copy
- Publication costs: approximately $50-$150 depending on the newspaper
- Inheritance Tax Determination: Filing fees vary based on estate value.
Payment Methods
The court accepts cash, checks, money orders, and credit/debit cards (subject to a convenience fee).
Estimated Timelines
- Simple estates (Informal): 6-9 months
- Average estates: 9-15 months
- Complex or contested estates: 18 months to 2 years
The creditor claim period in Nebraska is two months following the first publication of notice. The estate generally cannot be closed until this period expires and all claims are resolved.
Local Resources
Sarpy County Court Resources
- Court Website: sarpy.gov/375/County-Court
- Probate Self-Help: supremecourt.nebraska.gov/self-help/estates
- Nebraska Probate Forms: supremecourt.nebraska.gov/forms
Legal Aid and Attorney Referrals
- Omaha Bar Association: (402) 280-3603 — Lawyer Referral Service
- Legal Aid of Nebraska: (877) 250-2016 — legalaidofnebraska.org
- Nebraska State Bar Association: nebar.com
Publication
- Sarpy County Times: (402) 592-5356 — Legal Notices
- Omaha Daily Record: (402) 345-1303 — omahadailyrecord.com