Probate in Stanton County, Nebraska: 2026 Guide

Stanton County is located in Nebraska with a population of approximately 5,800. The Stanton 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 simplified procedures for smaller estates. If the value of the estate (less liens and encumbrances) is $100,000 or less, successors may use an Affidavit for Transfer of Personal Property (CC 15:40) or an Affidavit for Transfer of Real Property (CC 15:41) to collect assets without full probate administration.

Nebraska does not have a 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 Stanton 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.

Stanton County Court

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

Address: 804 Ivy Street, P.O. Box 536, Stanton, NE 68779

Phone: (402) 439-2221

Hours: Monday through Friday, 8:00 AM to 4:30 PM

The County Court is located within the historic Stanton County Courthouse. The Clerk of the County Court handles probate filings.

Parking and Access

Street parking is generally available around the courthouse square. The building is accessible to the public during business hours.

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 Form CC 15:40 after a 30-day waiting period.
• Small Estate Affidavit (Real Property): If the net value of real property is $100,000 or less, you may use
• Transfer on Death: Assets with beneficiary designations (POD/TOD) or held in trust generally avoid 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 Stanton 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 Stanton 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.
• Publish notice in a newspaper of general circulation in Stanton County (such as the Stanton Register) for three successive weeks to alert creditors.

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 publication to file claims)
• Inventory and appraise all estate assets within 3 months of appointment
• Pay valid creditor claims and taxes
• Distribute assets to beneficiaries
• File a Formal Petition for Complete Settlement or a Sworn Statement of Personal Representative Closing Estate to conclude the matter.

Stanton County-Specific Procedures

• Local Court Rules: Stanton County is part of the 7th Judicial District. Check with the clerk for any specific local filing requirements.
• Publication: Notice to creditors is typically published in the Stanton Register.
• Bond: The court may require a bond unless the will waives it or all beneficiaries agree to waive it.

Always check with the Clerk of the County Court for the most current forms and fee schedules.

Filing Fees (Stanton 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 typically accepts cash, checks, or money orders. Confirm with the clerk before visiting.

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 in Nebraska is two months following the first publication of notice.

Stanton County Court Resources

• Court Website: stantoncounty.nebraska.gov
• Probate Self-Help: Nebraska Judicial Branch - Estates
• Nebraska Probate Forms: Supreme Court Forms

Legal Aid and Attorney Referrals

• Nebraska State Bar Association: (402) 475-7091 — Find a Lawyer
• Legal Aid of Nebraska: (877) 250-2016 — legalaidofnebraska.org

Publication

• Stanton Register: (402) 439-2173 — Legal newspaper for Stanton County