Overview
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.). The process begins with filing a Petition for Formal Probate (CC 16:2.2) or Application for Informal Probate (CC 16:2.1) 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 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.
Courthouse Information
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.
Filing Process
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: File the Petition
If formal probate is needed, file a Petition for Formal Probate or Application for Informal Probate with the Thurston County Court. Include:
- Original Will and codicils (if any)
- Certified copy of the Death Certificate
- Application for Informal Probate (CC 16:2.1) or Petition for Formal Probate (CC 16:2.2)
- Filing fee (approximately $160-$200)
- Demand for Notice (if applicable)
Nebraska courts allow for e-filing through the state's electronic filing system, though pro se litigants may file in paper.
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: Attend the Hearing
For formal probate, the court will schedule a hearing on the petition. At the hearing, the judge reviews the petition and, if approved, issues Letters Testamentary or Letters of Administration. Informal probate typically does not require a hearing if the paperwork is in order.
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.
Local Requirements
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.
Timeline & Fees
Filing Fees (Thurston County)
- Initial Probate Petition: approximately $160-$200 (includes various statutory fees)
- Small Estate Affidavit: No court filing fee for personal property (presented to holder of property); recording fee applies for real property affidavit filed with Register of Deeds.
- Certified copies of Letters: approximately $10 per certified copy
- Publication costs: approximately $150-$200 depending on the newspaper
- Inheritance Tax Determination: Separate filing fee may apply if filed independently
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.
Local Resources
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