Probate in Sarpy County, Nebraska: 2026 Guide

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). 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 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.

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.

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: 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 Sarpy 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 Sarpy 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 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: 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 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.

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.

Filing Fees (Sarpy 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, 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.

Sarpy County Court Resources

• Court Website: sarpy.gov/375/County-Court
• Probate Self-Help: nebraskajudicial.gov/self-help/estates
• Nebraska Probate Forms: nebraskajudicial.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