Overview
Thomas County is located in Nebraska with a population of approximately 634. The Thomas 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 Nebraska Probate Code (Neb. Rev. Stat. § 30-2201 et seq.). The process begins with filing an Application for Informal Probate (Form CC 15:2) 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.
If the value of the entire estate (less liens and encumbrances) is $100,000 or less, and 30 days have passed since death, you may use a Small Estate Affidavit to transfer assets without formal probate.
Nebraska law allows for reasonable attorney and personal representative fees, which are not set by a statutory percentage but must be reasonable based on the services provided.
This guide provides an informational overview of the Thomas 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
Thomas County Court
Probate matters in Thomas County are handled at the Thomas County Courthouse.
Address: 503 Main St, Thedford, NE 69166
Phone: (308) 645-2266 (County Court Clerk)
Hours: Monday through Thursday, 8:00 AM to 12:00 PM and 1:00 PM to 4:00 PM; Friday, 8:00 AM to 12:00 PM and 1:00 PM to 3:00 PM
The County Court is located in the Thomas County Courthouse. The Clerk Magistrate handles probate filings.
Parking and Access
Street parking is available around the courthouse square.
Filing Process
Step 1: Determine If Probate Is Necessary
Before filing, assess whether formal probate is required:
- Small Estate Affidavit: If the value of the entire estate (less liens and encumbrances) is $100,000 or less, and 30 days have passed since death.
- Transfer on Death Deeds: Real property can be transferred directly to a beneficiary if a Transfer on Death Deed was recorded before death.
- Trust administration: Assets held in a living trust generally do not require probate.
Step 2: File the Petition
If formal probate is needed, file an Application for Informal Probate (Form CC 15:2) with the Thomas County Court. Include:
- Application for Informal Probate
- Original Will (if applicable)
- Certified Copy of Death Certificate
- Filing fee of approximately $22-$50 (varies by specific filing type)
- Renunciation of Right to Appointment (if applicable)
E-filing is available for attorneys via the Nebraska Trial Court eFiling system.
Step 3: Provide Notice
After filing, you must:
- Mail notice of the hearing to all heirs, beneficiaries, and interested parties at least 14 days before the hearing
- Publish notice in a newspaper of general circulation in Thomas County for three successive weeks
Step 4: Attend the Hearing
The court will schedule a hearing on the petition, typically 3 to 4 weeks after filing. At the hearing, the judge reviews the petition and, if approved, issues Letters Testamentary or Letters of Administration.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Publish notice to creditors; creditors have 2 months from publication to file claims
- Inventory and appraise all estate assets within 3 months
- Pay valid creditor claims
- File federal and state tax returns as needed
- Distribute assets to beneficiaries
- File a final accounting and petition for discharge
Local Requirements
Thomas County-Specific Procedures
- E-filing: Mandatory for attorneys; optional for self-represented litigants.
- Bond: Often waived in the will, otherwise determined by the court.
- Self-Help Desk: The Nebraska Judicial Branch provides a self-help center for probate forms.
- Publication: Notice must be published in a newspaper of general circulation in Thomas County for three successive weeks.
Follows Nebraska Court Rules of Pleading in Civil Cases.
Timeline & Fees
Filing Fees (Thomas County)
- Informal Probate: approximately $22 (plus costs)
- Small Estate Affidavit: approximately $12 (plus costs)
- Certified copies of Letters: approximately $1-$5 per certified copy
- Publication costs: approximately $50-$150 depending on the newspaper
- Automation fee: approximately $8
Nebraska law allows for reasonable attorney and personal representative fees, which are not set by a statutory percentage but must be reasonable based on the services provided.
Payment Methods
The court accepts cash, check, or money order.
Estimated Timelines
- Simple estates (no disputes, limited assets): 6-9 months
- Average estates: 9-12 months
- Complex or contested estates: 12 months to 2 years
Timelines are affected by creditor claim periods and court scheduling.
Local Resources
Thomas County Court Resources
- Court Website: nebraskajudicial.gov
- Probate Self-Help: Nebraska Judicial Branch Self-Help
- Nebraska Probate Forms: Nebraska Judicial Branch Forms
Legal Aid and Attorney Referrals
- Nebraska State Bar Association: (402) 475-7091 — Provides lawyer referral services.
- Legal Aid of Nebraska: (877) 250-2016 — Provides legal assistance to low-income residents.
- Nebraska Find a Lawyer: nefindalawyer.com
Publication
Contact the Thomas County Court at (308) 645-2266 for current approved newspapers for legal notices in Thomas County.