Probate in Thurston County, Nebraska: 2026 Guide

Thurston County is located in Nebraska with a population of approximately 6,773. The Thurston 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 procedure for small estates. If the value of the estate's personal property (less liens and encumbrances) does not exceed $100,000, successors may use an Affidavit for Transfer of Personal Property without Probate (CC 15:40). There is also a procedure for real property valued at $100,000 or less.

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 Thurston 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.

Thurston County Court

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

Address: 106 S 5th St, P.O. Box 129, Pender, NE 68047

Phone: (402) 385-3136 (County Court)

Hours: Monday through Friday, 8:00 AM to 5:00 PM

The County Court is located on the main level of the courthouse. The Clerk Magistrate handles probate filings and scheduling.

Parking and Access

Free street parking is generally available around the courthouse square in Pender. The building is accessible to the public during business hours with security screening at the entrance.

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 wait 30 days after death and use Form CC 15:40 to collect assets.
• Small Estate Affidavit (Real Property): If the net value of real property is $100,000 or less, you may file an affidavit with the Register of Deeds.
• 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 Thurston 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 Thurston 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 hearing (or informal appointment) to all heirs, beneficiaries, and interested parties.
• Publish notice in a newspaper of general circulation in Thurston County, such as The Pender Times, 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 a 2-month period for claims after first publication.
• Inventory and appraise all estate assets within 3 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.

Thurston County-Specific Procedures

• Local Court Rules: Thurston County is part of the 6th Judicial District. Local rules may apply regarding scheduling and remote hearings.
• Publication: Notice to Creditors must be published in a legal newspaper within the county, typically The Pender Times.
• Inheritance Tax: Nebraska has a county-level inheritance tax. Proceedings to determine the tax are handled by the County Court.

Always check with the Clerk of the County Court for the most current local forms and procedural requirements.

Filing Fees (Thurston 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 (with a convenience fee).

Estimated Timelines

• Simple estates (Informal): 6-9 months
• Average estates: 9-18 months
• Complex or contested estates: 18 months to 2 years or more

The creditor claim period in Nebraska is 2 months following the first publication of notice. The estate generally cannot be closed until this period expires and all claims are resolved.

Thurston County Court Resources

• Court Website: nebraskajudicial.gov/courts/thurston-county-court
• Probate Self-Help: Nebraska Judicial Branch Self-Help
• Nebraska Probate Forms: State Judicial Branch Forms

Legal Aid and Attorney Referrals

• Nebraska State Bar Association: (402) 475-7091 — nebar.com
• Legal Aid of Nebraska: (877) 250-2016 — legalaidofnebraska.org
• Volunteer Lawyers Project: nevlp.org

Publication

• The Pender Times: (402) 385-3013 — Legal newspaper for Thurston County