Nebraska Probate Court

Probate is the legal procedure used to settle a deceased individual’s estate, which includes confirming the validity of their will, paying off debts, and distributing their assets to rightful heirs. The Nebraska probate system simplifies many of its procedures due to the adoption of the Uniform Probate Code (UPC), a framework that differs from the traditional probate systems. As a result, the state offers streamlined administration for uncontested cases and provides a straightforward affidavit system for transferring small estates.

How the Probate Process Works in Nebraska

The probate process in Nebraska commences with the filing of a petition in the County Court in which the decedent resided. If a will exists, the court authenticates the will and appoints a personal representative (executor). The executor is responsible for notifying heirs and creditors, preparing an inventory of assets, paying debts and taxes, and distributing the rest of the estate.

Nebraska makes a distinction between informal probate (for uncontested cases, with little court supervision) and formal probate (for cases with disputes or complex problems). Typically, the probate process can take anywhere from six months to a year. However, contested estates can take a considerably longer time.

What Are the Costs of Probate in Nebraska?

In Nebraska, the cost of probate varies by estate size and complexity. For formal proceedings, the filing fee can range from $22 to $80, depending on the value of the estate. On the other hand, informal proceedings have a $22 filing fee. In addition, executors may claim reasonable compensation, while attorney fees are charged by the hour. Other costs associated with probate processes include appraisals, publication notices to creditors, and accounting services.

Types of Probate Cases in Nebraska

Nebraska recognizes several probate case types, including the following:

• Testate Probate: This process is administered when a valid will exists.
• Intestate Probate: This court-supervised process applies when no will is present. It is usually done according to Nebraska’s intestacy laws.
• Informal Probate: This process allows for the faster resolution of proceedings and is used when there are no disputes.
• Formal Probate: This is required when disputes arise over the will or estate administration.
• Small Estate Affidavit: This legal document permits the transfer of estates valued under $100,000 to the beneficiaries without formal probate.

Nebraska Probate Court Forms and Filing Instructions

Interested persons can find probate forms by visiting their local county court offices or through the Nebraska Judicial Branch website. Some of the most common forms used include petitions for probate, applications for informal proceedings, and inventory filings. Court procedures and probate forms can change. Therefore, it is important for parties to verify current requirements with the clerk of the appropriate county court.

How Nebraska Probate Courts Work at the County Level

In Nebraska, probate matters are handled by the County Courts, which exist in each of the state’s 93 counties. Below are the top ten counties by population, each hosting a county court with probate jurisdiction:

• Douglas County Court (Omaha) – This court hears probate matters in which it has jurisdiction over the personal representative and the estates of the deceased.
• Lancaster County Court (Lincoln) – Through the broader Nebraska Judicial Branch, this court provides online filing assistance and probate guidelines for the public.
• Sarpy County Court (Papillion) – Offers streamlined support for small estate affidavits.
• Hall County Court (Grand Island) – Individuals can locate probate forms through the clerk’s office.
• Buffalo County Court (Kearney) – This court handles a mix of informal and formal probate cases.
• Dodge County Court (Fremont) – Individuals can easily locate probate records at the county court clerk’s office.
• Scotts Bluff County Court (Gering) – This court has a smaller docket compared to other courts in populous counties. It still follows full probate procedures as stated by the law.
• Madison County Court (Norfolk) – Provides a public access terminal for reviewing publicly available probate records.
• Platte County Court (Columbus) – The county Court clerk handles the administrative and filing process of probate matters.
• Adams County Court (Hastings) – This court offers both informal and formal probate case processing.

How to Search Probate Records in Nebraska

Generally, probate records are kept in the custody of each county Court Clerk. Publicly accessible documents include the decedent’s name, case number, executor, or personal representative details, heir listings, asset inventories, and final distribution orders. Nevertheless, some records are sealed and restricted from public scrutiny.

Anyone can look up probate court records online through the Nebraska Judicial Branch’s JUSTICE system or by visiting the relevant Clerk’s office. Additionally, regular and certified copies may be requested from the Clerk’s Office for a small fee.