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Blaine County, NE Probate Information
Quick facts
| Item | Blaine County information |
|---|---|
| Court | Blaine County Court |
| Courthouse address | 145 Lincoln Avenue, Brewster, NE 68821 |
| Mailing address | Use 145 Lincoln Avenue, Brewster, NE 68821 unless the clerk gives a different mailing instruction. |
| Phone | 308-547-2222. Blaine County's government site also lists 308-547-2340 or 308-547-2222 extension 211 for County Court, so call before relying on a direct extension. |
| Fax | 308-547-2228. Blaine County's government site also lists 308-547-2485 for County Court, so call before faxing a filing. |
| [email protected], for questions, not filings. Email filings are not allowed in Nebraska courts (Neb. Ct. R. § 2-212). | |
| Hours | Monday through Friday, 8:00 a.m. to 4:00 p.m. |
| Filing fee | As of the Judiciary's July 1, 2026 statewide fee schedule, the statutory base is $22 for a probate proceeding commenced and closed informally, with another $22 for each later petition or application in an informal proceeding. A formal probate is charged on a scale tied to the gross value of the Nebraska estate at death, from $22 on estates of $1,000 or less to $1,500 over $5,000,000 (Neb. Rev. Stat. § 33-125). Confirm the current counter amount with the clerk before you file. |
| Local forms | No Blaine County-specific probate packet is published on the county government offices page. Use the Nebraska Judicial Branch estate materials, CC 15:40, CC 15:41, and the fax cover sheet under Neb. Ct. R. § 6-601(B). |
| E-filing | A Nebraska attorney must use electronic filing (Neb. Ct. R. § 2-202). A person filing without a lawyer may file in person, by mail, or by fax with the uniform cover sheet under Neb. Ct. R. § 6-601(B) until July 1, 2028. Neb. Ct. R. § 2-216 addresses non-attorney registration only if approved and available, so ask the clerk before relying on it. |
| Case search | Statewide trial court case search is through Nebraska.gov and the Judicial Branch's JUSTICE system at https://www.nebraska.gov/justice/case.cgi. A general search for a list of cases has no charge; viewing case details costs $2 through nebraska.gov, with no extra charge for document images, and frequent users can open a Nebraska.gov subscriber account for an annual $100. The same case information is available at no charge at a courthouse kiosk or law library. |
| Remote appearance | Nebraska law allows nonevidentiary county court hearings, and evidentiary hearings approved by the court with all appearing parties' stipulation, by telephone or videoconference (Neb. Rev. Stat. § 25-2704). Blaine County is in Nebraska's eighth county judge district, whose Rule 8-2 adds motion deadlines and court approval requirements for a remote hearing. |
| County judge district | Nebraska's eighth county judge district (Neb. Rev. Stat. § 24-503). |
| Website | https://nebraskajudicial.gov/courts/blaine-county-court |
Before you begin — know the assets and liabilities
Before you choose a Blaine County filing path, identify the decedent's assets, debts, account titles, beneficiary designations, real estate, vehicles, and whether an original will exists. Estate settlement in Nebraska often turns on what actually needs court authority and what can pass outside a court case.
Sunset's asset discovery searches more than 2,300 financial institutions, helping families find accounts before they decide whether Blaine County Court letters are needed, whether an affidavit route is enough, or whether a Nebraska attorney should prepare the application or petition.
Which court handles jurisdiction
Probate for Blaine County is filed with the clerk of the Blaine County Court at 145 Lincoln Avenue in Brewster. Brewster is the county seat, and the courthouse serves Brewster and the surrounding communities of Blaine County.
Nebraska district courts do not hear probate; a will is proved and letters are issued in the county court, which has exclusive original jurisdiction of all matters relating to decedents' estates (Neb. Rev. Stat. § 24-517). Nebraska has a county court in and for each county, located at the county seat (Neb. Rev. Stat. § 24-502).
Blaine County sits in Nebraska's eighth county judge district, which is how county judges and the county court's local rules are assigned; the case itself is still filed at this county's own courthouse in Brewster (Neb. Rev. Stat. § 24-503). Venue for the first informal or formal testacy or appointment proceeding is the county of the decedent's domicile, or, if the decedent was not domiciled in Nebraska, any Nebraska county where the decedent's property was located (Neb. Rev. Stat. § 30-2410).
The jurisdiction process
- Choose the path before filing. Informal probate uses an application to the registrar, while formal probate uses a petition to the court with notice. In an informal proceeding, the registrar's acts are performed by a county judge or by a person designated by the court in a written order, and the application is delivered to the clerk of the Blaine County Court (Neb. Rev. Stat. § 30-2216).
- Gather the certified death certificate, the original will if there is one, a list of heirs and devisees, asset information, and debt information. Informal probate cannot issue until at least 120 hours have elapsed since death (Neb. Rev. Stat. § 30-2415).
- File with the clerk of the Blaine County Court at 145 Lincoln Avenue, Brewster, NE 68821. A Nebraska attorney must use electronic filing (Neb. Ct. R. § 2-202). A person filing without a lawyer may file in person, by mail to the same address, or by fax with the uniform cover sheet under Neb. Ct. R. § 6-601(B); call first because the Nebraska Judicial Branch listing and Blaine County's government site give different fax numbers.
- Pay the Nebraska county court probate filing fee. As of the Judiciary's July 1, 2026 statewide fee schedule, Neb. Rev. Stat. § 33-125 sets a $22 statutory base for a probate proceeding commenced and closed informally, while formal probate uses a scale tied to the gross value of the Nebraska estate.
- After appointment, notice to creditors is published by the clerk once a week for three successive weeks, with first publication within thirty days after appointment (Neb. Rev. Stat. § 30-2483). Claims covered by that notice are barred two months after the first publication unless the statute allows more time (Neb. Rev. Stat. § 30-2485).
- Give the Department of Health and Human Services notice if the decedent was 55 or older or resided in a medical institution, because the notice rules are part of the Nebraska creditor notice statute (Neb. Rev. Stat. § 30-2483).
- Obtain Letters after the court appoints the personal representative. One certified copy of letters of appointment is provided without charge in a formal probate fee case under Neb. Rev. Stat. § 33-125(2).
- Inventory and administer the estate, including collecting assets, handling claims, and preparing for inheritance tax determination. Nebraska inheritance tax is determined by the Blaine County Court and is due twelve months after the date of death (Neb. Rev. Stat. § 77-2010, § 77-2018.01, § 77-2004).
- If a hearing is set and a remote hearing is needed, ask under Neb. Rev. Stat. § 25-2704 and eighth county judge district Rule 8-2. A non-evidentiary remote request requires a motion filed at least 5 days before the hearing certifying consent and no evidence; a documentary-evidence-only request requires at least 7 days, with PDF exhibits provided at least 2 business days before the hearing.
- Distribute the estate when authorized and close the case. Nebraska uses a closing statement for this closing step (Neb. Rev. Stat. § 30-24,128).
Forms and documents
Probate forms in Blaine County
Blaine County does not publish a county-specific probate packet on its government offices page. Nebraska's Judicial Branch does publish selected estate forms, but it does not supply a ready-made statewide application or petition for opening a decedent's estate, and the clerk cannot prepare one for you.
| Form or resource | How it is used in Blaine County |
|---|---|
| CC 15:40, Affidavit for Transfer of Personal Property without Probate, revised July 2022 | Used for the personal property affidavit route under Neb. Rev. Stat. § 30-24,125. The $100,000 personal property ceiling was raised by 2022 Neb. Laws LB 1124, signed April 18, 2022. The affidavit is presented to the holder of the property, not filed as a Blaine County Court probate case. |
| CC 15:41, Affidavit for Transfer of Real Property without Probate, revised October 2025 | Used for the real property affidavit route under Neb. Rev. Stat. § 30-24,129. The separate $100,000 real property ceiling was raised by 2024 Neb. Laws LB 1195, signed April 15, 2024. The affidavit is recorded with the Blaine County Register of Deeds, not filed with the county court. |
| Uniform fax cover sheet | Required as the first page when a person filing without a lawyer sends a filing by fax under Neb. Ct. R. § 6-601(B). The fax must be less than 10 pages not counting the cover sheet unless the clerk approves more. |
| Informal probate flowchart | The Nebraska Judicial Branch estates page at https://nebraskajudicial.gov/self-help/estates links a flowchart for informal probate filed with a will. It is for testate, uncontested informal probate and does not cover cases with no will, a contested will, or contested distribution. |
Local nuance
Blaine County-specific considerations
| Local point | What it means for a Blaine County estate |
|---|---|
| Shared clerk magistrate | The clerk magistrate named for Blaine County is also named for Cherry County. Nebraska law allows a clerk magistrate appointed for more than one county to serve as the clerk of the county court for each county (Neb. Rev. Stat. § 24-507). That does not move a Blaine County estate to another courthouse; file in Brewster. |
| Different contact details appear on county materials | Use 308-547-2222 as the primary number and call before faxing. Blaine County's government site lists a different direct phone option and a different fax for County Court than the Nebraska Judicial Branch contact listing. |
| Register of deeds role | The Affidavit for Transfer of Real Property without Probate is recorded with the Blaine County Register of Deeds under Neb. Rev. Stat. § 30-24,129. That land-records step is separate from opening an estate in Blaine County Court. |
| Clerk magistrate limits | A clerk magistrate may hear noncontested decedent estate matters, but not construction of a will or trust, determination of title to real estate, or authorization to sell or mortgage real estate (Neb. Rev. Stat. § 24-519, § 24-507). Those issues go to a county judge. |
Recent updates
Scenarios
| Situation | Likely Blaine County path | Where Sunset helps |
|---|---|---|
| Surviving spouse with co-owned home | Start with title. If the deed or account title already transfers the asset, the court case may be narrower. Personal property may qualify for CC 15:40 under Neb. Rev. Stat. § 30-24,125, with a $100,000 ceiling raised by LB 1124, signed April 18, 2022. A separate real property affidavit under Neb. Rev. Stat. § 30-24,129 uses CC 15:41, has its own $100,000 ceiling raised by LB 1195, signed April 15, 2024, and is recorded with the Blaine County Register of Deeds. | Sunset helps identify accounts, beneficiary designations, debts, and real estate so the spouse can see whether a Blaine County Court filing is needed for estate settlement. |
| Out-of-state adult child with small estate | If thirty days or more have passed and personal property is within the $100,000 ceiling under Neb. Rev. Stat. § 30-24,125, CC 15:40 is presented to the holder of the property. If Letters are needed, file with the Blaine County Court by mail or, if filing without a lawyer, by fax with the Neb. Ct. R. § 6-601(B) cover sheet after calling to confirm the current fax number. | Sunset organizes assets and can generate a probate packet for attorney review or court filing, reducing travel and back-and-forth during estate settlement. |
| Parent settling predeceased child's estate, home must be sold | A sale of real estate usually points to opening an estate in Blaine County Court. Because authorization to sell or mortgage real estate is outside a clerk magistrate's authority, that issue goes to a county judge (Neb. Rev. Stat. § 24-519, § 24-507). Notice to creditors is published by the clerk, and claims are barred two months after first publication under Neb. Rev. Stat. § 30-2483 and § 30-2485. Nebraska inheritance tax is determined by the Blaine County Court and is due twelve months after the date of death (Neb. Rev. Stat. § 77-2010, § 77-2018.01, § 77-2004). | Sunset helps assemble the asset list, sale-related documents, creditor information, and attorney handoff materials for the Blaine County case. |
Self-help resources
| Resource | How it helps |
|---|---|
| Clerk of the Blaine County Court | 145 Lincoln Avenue, Brewster, NE 68821. Phone 308-547-2222. Fax 308-547-2228, with a different County Court fax also appearing on Blaine County's government site, so call before sending. Email [email protected] for questions, not filings. |
| Blaine County Register of Deeds | 145 Lincoln Avenue, Brewster, NE 68821. Phone 308-547-2222 extension 201. This is where a real property affidavit is recorded under Neb. Rev. Stat. § 30-24,129. |
| Nebraska Online Legal Self-Help Center | https://nebraskajudicial.gov/self-help. This virtual self-help center explains fax filing, the uniform cover sheet under Neb. Ct. R. § 6-601(B), and the rule that email filings are not allowed. |
| Nebraska Judicial Branch estates section | https://nebraskajudicial.gov/self-help/estates and https://nebraskajudicial.gov/self-help/estates/additional-information-estates. These pages cover estate processes, the two no-probate affidavit routes, the testate informal probate flowchart, and the statement that self-representation is allowed even though estate filings most often require attorney help. |
| Nebraska Judicial Branch forms | https://nebraskajudicial.gov/forms. Search for CC 15:40 under Neb. Rev. Stat. § 30-24,125 and CC 15:41 under Neb. Rev. Stat. § 30-24,129. |
| Statewide case search | https://www.nebraska.gov/justice/case.cgi. The JUSTICE case system on nebraska.gov allows a general search for a list of cases at no charge; viewing details costs $2 through nebraska.gov, and frequent users can use a subscriber account for an annual $100. The same information is available at no charge at a courthouse kiosk or law library. |
| Legal Aid of Nebraska | https://legalaidofnebraska.org/how-we-help/. Statewide AccessLine 1.877.250.2016, Monday and Wednesday 8:30 a.m. to 11:30 a.m., Tuesday and Thursday 1:00 p.m. to 3:00 p.m. Central. ElderAccessLine 1.800.527.7249 for people 60 and over in all 93 counties. Screening depends on income, assets, and issue type; estate administration is not one of its listed practice areas. No walk-ins. |
| Nebraska Free Legal Answers | https://ne.freelegalanswers.org/. Free Legal Answers is a virtual civil legal advice clinic for qualifying users; estates are not on its listed topic menu, and volunteer attorneys cannot represent anyone in court. |
| Limited Scope Representation | https://nebraskajudicial.gov/self-help. Limited Scope Representation lets a family ask a lawyer to help with part of a case instead of full representation, when that arrangement fits the matter. |
When to hire an attorney
Nebraska does not require a personal representative to hire a lawyer, and the Judicial Branch's estates materials say the law allows self-representation. The same materials say filing an estate will most often require an attorney's help, and Blaine County does not publish a county-specific probate packet for opening the case. Limited Scope Representation through nebraskajudicial.gov may be a middle option for help with part of the case, and families with limited means can ask Legal Aid of Nebraska at 1.877.250.2016 about eligibility while understanding that estate administration is not a listed practice area. Sunset connects families to a vetted local probate attorney.
How Sunset helps
Find the accounts and assets. Sunset searches more than 2,300 financial institutions and helps organize real estate, vehicles, insurance, retirement accounts, and debts so the family knows what Blaine County estate settlement actually needs.
Generate the probate packet. Sunset turns the family's information into an organized probate packet for the personal representative, including asset lists, contact details, and court-ready information for review before filing with the Blaine County Court.
Find a local probate attorney. When the estate needs formal probate, real estate sale authority, inheritance tax help, or contested-family guidance, Sunset can connect the family with a vetted Nebraska probate attorney.
Sunset is free for families. Families can use Sunset to understand the estate settlement path, organize documents, and decide what to do next without paying Sunset a fee.
Frequently asked questions
Where do I file probate in Blaine County?
File with the clerk of the Blaine County Court at 145 Lincoln Avenue, Brewster, NE 68821. Venue is based on the decedent's domicile, or, if the decedent was not domiciled in Nebraska, a Nebraska county where the decedent's property was located (Neb. Rev. Stat. § 30-2410).
Does Blaine County probate go to the district court?
No. Nebraska district courts do not hear probate; a will is proved and letters are issued in the county court, which has exclusive original jurisdiction of all matters relating to decedents' estates (Neb. Rev. Stat. § 24-517).
Do I need a lawyer for a Blaine County estate?
Nebraska allows self-representation, but the Judicial Branch says filing an estate will most often require an attorney's help because estates differ and the self-help materials do not cover every situation. That is especially important if the estate needs formal probate with notice, inheritance tax work, or authority to sell real estate.
How much does probate cost to file in Blaine County?
As of the Judiciary's July 1, 2026 statewide fee schedule, Neb. Rev. Stat. § 33-125 sets a $22 statutory base for a probate proceeding commenced and closed informally, with another $22 for later petitions or applications in an informal proceeding. Formal probate is charged on a gross value scale under Neb. Rev. Stat. § 33-125, so call the clerk before filing to confirm the current counter total.
Can I avoid probate with an affidavit in Blaine County?
Sometimes. The Affidavit for Transfer of Personal Property without Probate, CC 15:40, applies to personal property under Neb. Rev. Stat. § 30-24,125, with a $100,000 ceiling raised by LB 1124, signed April 18, 2022. The Affidavit for Transfer of Real Property without Probate, CC 15:41, is a separate route under Neb. Rev. Stat. § 30-24,129, with its own $100,000 ceiling raised by LB 1195, signed April 15, 2024, and is recorded with the register of deeds.
Is there a Nebraska inheritance tax in Blaine County, and who gets paid?
Yes. Nebraska inheritance tax is a county tax: the Blaine County Court determines it, and it is paid to the county, with the tax due twelve months after the date of death (Neb. Rev. Stat. § 77-2010, § 77-2018.01). Rates and exemptions depend on the beneficiary's relationship to the decedent and whether the death was before or on or after January 1, 2023 (Neb. Rev. Stat. § 77-2004).
Can I file by fax or email in Blaine County?
A person filing without a lawyer may file by fax with the uniform cover sheet under Neb. Ct. R. § 6-601(B), which every Nebraska court must accept until July 1, 2028. Call before faxing because the Nebraska Judicial Branch listing and Blaine County's government site give different fax numbers. Email filings are not allowed in Nebraska courts (Neb. Ct. R. § 2-212).
Can I attend a Blaine County probate hearing by phone or video?
Remote hearing requests are governed by Neb. Rev. Stat. § 25-2704 and eighth county judge district Rule 8-2. Nonevidentiary hearings may be heard by telephone or videoconference if the court allows it, and evidentiary hearings require court approval and the stipulation of all appearing parties. Rule 8-2 adds motion deadlines, including 5 days for a non-evidentiary remote request and 7 days for a documentary-evidence-only request.
How do I look up a Blaine County probate case?
Use the Nebraska.gov JUSTICE case search at https://www.nebraska.gov/justice/case.cgi. A general search for a list of cases has no charge; viewing case details costs $2 through nebraska.gov, and frequent users can use an annual $100 subscriber account. The same case information is available at no charge at a courthouse kiosk or law library.
What are the Blaine County Court clerk hours?
The Blaine County Court listing gives hours as Monday through Friday, 8:00 a.m. to 4:00 p.m. Because the county government site gives different direct contact details for County Court, call 308-547-2222 before traveling or faxing a time-sensitive filing.
Shaped by the families we've helped
Thank you to the thousands of families who have trusted Sunset to help settle their loved ones' estates. This page is shaped by the questions they actually asked and the obstacles they actually hit — and that hard-won experience is what keeps it accurate, current, and genuinely useful to the families who come next.