Overview
Washington County is located in Nebraska with a population of approximately 21,254. The County Court of Washington County (6th Judicial District) 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 of Will or an Application for Informal Probate of Will 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 process for small estates. If the value of the decedent's entire estate (less liens and encumbrances) is $100,000 or less, personal property may be transferred via an Affidavit for Transfer of Personal Property without Probate after a 30-day waiting period.
Nebraska does not have a statutory percentage fee schedule for attorneys or personal representatives; fees must be reasonable based on the services provided.
This guide provides an informational overview of the Washington 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
Washington County Court
Probate matters in Washington County are handled at the Washington County Courthouse.
Address: 1555 Colfax Street, Blair, NE 68008
Phone: (402) 426-6833
Hours: Monday through Friday, 8:00 AM to 4:30 PM
The County Court is located within the historic Washington County Courthouse in Blair. The court handles probate, guardianship, conservatorship, and adoption matters.
Parking and Access
Free street parking is generally available on Colfax Street and the surrounding blocks near the courthouse. There is no dedicated public parking garage. Visitors should enter through the main public entrance and pass through security screening.
Filing Process
Step 1: Determine If Probate Is Necessary
Before filing, assess whether formal probate is required:
- Small Estate Affidavit: If the net estate value is $100,000 or less, you may use an Affidavit for Transfer of Personal Property without Probate after 30 days.
- Transfer on Death (TOD): Real estate with a recorded Transfer on Death Deed or vehicles with TOD beneficiaries transfer automatically.
- Trust administration: Assets held in a living trust generally do not require probate.
Step 2: File the Petition
If formal or informal probate is needed, file the appropriate forms with the Washington County Court. Common forms include:
- Application for Informal Probate of Will and Informal Appointment of Personal Representative (Form CC 16:2.4)
- Original Will (if applicable)
- Certified Death Certificate
- Filing Fee (approximately $45)
Nebraska allows for both "Informal" (administrative, less court supervision) and "Formal" (judicial, more court supervision) probate proceedings.
Step 3: Provide Notice
After filing, you must:
- Mail notice of the proceedings to all heirs, beneficiaries, and interested parties.
- Publish notice to creditors in a legal newspaper of general circulation in Washington County (such as the Washington County Pilot-Tribune) once a week for three successive weeks.
Step 4: Attend the Hearing
For informal probate, a hearing is often not required if the registrar approves the application. For formal probate, the court will schedule a hearing to review the petition. Upon approval, the court issues Letters Testamentary or Letters of Administration.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Notify creditors: Creditors generally have 2 months from the date of first publication to file claims.
- 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 Formal Petition for Complete Settlement or an Informal Closing Statement to close the estate.
Local Requirements
Washington County-Specific Procedures
- Inheritance Tax: Nebraska has a county-level inheritance tax. A separate proceeding to determine inheritance tax is often required even if full probate is not.
- Publication: Notice to creditors is typically published in the Washington County Pilot-Tribune or The Enterprise.
- Local Rules: The 6th Judicial District may have specific case progression standards. Check with the clerk for specific local filing requirements.
Timeline & Fees
Filing Fees (Washington County)
- Probate Filing Fee: Approximately $45 (includes $22 base fee plus court automation and other surcharges)
- Certified copies of Letters: Approximately $5-$10 per copy
- Publication costs: Approximately $50-$150 depending on the length of the notice
- Inheritance Tax: Varies based on the relationship of the beneficiary to the decedent (1% to 18%).
Payment Methods
The court accepts cash, checks, and money orders. Credit cards may be accepted 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+
Nebraska law generally requires estates to be closed within 18 months (if no federal estate tax return) or 24 months (if federal return required), unless the court grants an extension.
Local Resources
Washington County Court Resources
- Court Website: washingtoncountyne.gov
- Probate Self-Help: Nebraska Judicial Branch Self-Help
- 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
- Washington County Pilot-Tribune: (402) 426-2121 — enterprisepub.com