Overview
Valley County is located in Nebraska with a population of approximately 4,059. The Valley 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 Probate (Form CC 16:2.4) 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 small estate affidavit procedure for estates with personal property valued at $100,000 or less (Neb. Rev. Stat. § 30-24,125). There is also a procedure for transferring real property valued at $100,000 or less via affidavit.
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 Valley 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
Valley County Court
Probate matters in Valley County are handled at the Valley County Courthouse.
Address: 125 S. 15th Street, Ord, NE 68862
Phone: (308) 728-3831 (County Court)
Hours: Monday through Friday, 8:00 AM to 5:00 PM
The County Court is located within the historic Valley County Courthouse in Ord. The court handles probate, guardianship, and conservatorship cases.
Parking and Access
Street parking is generally available around the courthouse square. The building is accessible to the public during business hours, though it may close for lunch from 12:00 PM to 1:00 PM.
Filing Process
Step 1: Determine If Probate Is Necessary
Before filing, assess whether formal probate is required:
- Small Estate Affidavit: If the estate's personal property is valued at $100,000 or less, you may be able to transfer assets via affidavit 30 days after death.
- Real Property Affidavit: Real estate valued at $100,000 or less may also be transferred via affidavit under certain conditions.
- 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 Probate with the Valley County Court. Include:
- Application for Informal Probate or Petition for Formal Probate
- Original will and codicils (if any)
- Certified death certificate
- Filing fee (approximately $22.00 plus surcharges)
- Demand for Notice (if applicable)
Nebraska courts allow for e-filing, which is mandatory for attorneys and optional for self-represented litigants in some counties.
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 (or as required by specific procedure)
- Publish notice in a newspaper of general circulation in Valley County, such as The Ord Quiz, for three successive weeks
Step 4: Attend the Hearing
The court will schedule a hearing on the petition, typically a few 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:
- Notify creditors — the creditor claim period expires two months after the first publication of notice
- Inventory and appraise all estate assets within three months of appointment
- 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
Valley County-Specific Procedures
- E-filing: Attorneys are generally required to e-file. Self-represented litigants may file in paper at the courthouse.
- Bond requirements: Bond may be required unless waived by the will or by the court.
- Local court rules: Check with the Clerk of the County Court for any specific local forms or scheduling preferences.
- Publication: Notice must be published in a newspaper of general circulation in Valley County for three successive weeks.
Always verify specific local rules with the Valley County Court Clerk before filing.
Timeline & Fees
Filing Fees (Valley County)
- Petition for Probate: approximately $22.00 (plus applicable surcharges)
- Certified copies of Letters: approximately $10.00 per certified copy
- Publication costs: approximately $50-$150 depending on the newspaper
- Small Estate Affidavit: No court filing fee if presented directly to the holder of property; recording fees apply for real estate affidavits.
Nebraska law requires fees to be reasonable. There is no statutory percentage fee for attorneys or executors.
Payment Methods
The court accepts cash, checks, and money orders. Credit cards may be accepted for e-filing or with a convenience fee.
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
The creditor claim period is two months following the first publication of notice, which sets a minimum timeline for closing the estate.
Local Resources
Valley County Court Resources
- Court Website: https://valleycountyne.gov
- Probate Self-Help: https://nebraskajudicial.gov/self-help/estates
- Nebraska Probate Forms: https://nebraskajudicial.gov/forms?field_form_type_tid=126
Legal Aid and Attorney Referrals
- Nebraska State Bar Association: (402) 475-7091 — Find a Lawyer
- Legal Aid of Nebraska: (877) 250-2016 — Low-income legal assistance
- Nebraska Free Legal Answers: https://ne.freelegalanswers.org
Publication
- The Ord Quiz: (308) 728-3261 — Newspaper of general circulation in Valley County