Probate in Washington County, Nebraska: 2026 Guide

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.). 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 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.

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.

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: 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 Washington 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 Washington 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 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: 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: 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.

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.

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.

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