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Boone County, NE Probate Information
Quick facts
| Item | Boone County detail |
|---|---|
| Court | Boone County Court |
| Courthouse address | Boone County Courthouse, 222 South 4th Street, Albion, NE 68620. No room or suite number is published for the clerk of the Boone County Court. |
| Mailing address | Boone County Court, 222 South 4th Street, Albion, NE 68620. |
| Phone | 402-395-6184, clerk of the Boone County Court. |
| Fax | 402-395-6592. A person filing without a lawyer may use fax filing under Neb. Ct. R. § 6-601(B) with the uniform cover sheet first. |
| [email protected]. Boone County also publishes [email protected] for the office. Both are for questions, not filings; emailing a document to the clerk or court staff is not a court filing and will not generate a file stamp (Neb. Ct. R. § 2-212). | |
| Hours | The office is open Monday through Friday and closes over the midday hour. The Nebraska Judicial Branch listing gives 8:00 am to 12:00 pm and 1:00 pm to 5:00 pm. The Boone County website gives 8:00 a.m. to 4:30 p.m., closed during lunch. Call 402-395-6184 before travelling, especially late in the afternoon. |
| Filing fee | $22 for a probate proceeding commenced and closed informally, with another $22 for each subsequent petition or application in an informal proceeding; a formal probate is charged on a schedule keyed 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). The Judicial Branch filing fees and court costs schedule effective July 1, 2026 lists a $44.00 total for a probate commenced and closed informally, or $45.00 where a will is proved and the certificate of probate of will issues. Confirm the current amount with the clerk of the Boone County Court before you file. |
| Local forms | Boone County publishes no probate form of its own. Use the Nebraska Judicial Branch forms that exist, including CC 15:40 under Neb. Rev. Stat. § 30-24,125, CC 15:41 under Neb. Rev. Stat. § 30-24,129, and the fax cover sheet required for fax filing under Neb. Ct. R. § 6-601(B). |
| E-filing | A Nebraska attorney must file electronically (Neb. Ct. R. § 2-202). A person filing without a lawyer is not required to e-file and may file in person, by mail, or by fax with the uniform cover sheet under Neb. Ct. R. § 6-601(B), which every Nebraska court must accept until July 1, 2028. Email filings are not allowed in any Nebraska court (Neb. Ct. R. § 2-212). Neb. Ct. R. § 2-216 provides for optional non-attorney e-filing registration; confirm with the clerk of the Boone County Court whether that registration is open before you rely on it. |
| Case search | Statewide trial court case search through Nebraska.gov, running on the Judicial Branch's JUSTICE case management system (https://www.nebraska.gov/justice/case.cgi). A general search for a list of cases is free; viewing a case's details is $2, 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 free at any courthouse kiosk or law library. |
| Remote appearance | Nebraska law allows a county court to hear all nonevidentiary hearings, and any evidentiary hearing the court approves with all appearing parties' stipulation, by telephone or videoconference, in a manner that preserves an accurate record (Neb. Rev. Stat. § 25-2704). Boone County sits in Nebraska's fifth county judge district, whose county court local rules add a Remote Hearings rule approved February 16, 2023. A remote appearance is at the judge's discretion, the request must be filed at least 48 hours before the hearing, and an authorized participant must contact the court at least 24 hours before the hearing for instructions and the invitation. |
| County judge district | Boone County is in Nebraska's fifth county judge district (Neb. Rev. Stat. § 24-503). The district assigns county judges and county court local rules; a Boone County estate is filed in Albion. |
| Website | Boone County Court: https://nebraskajudicial.gov/courts/boone-county-court. Boone County court information: https://boonecountyne.gov/county-court/. |
Before you begin — know the assets and liabilities
Before choosing a Boone County estate settlement path, identify the assets, debts, heirs, beneficiaries, and how each account and parcel is titled. The clerk of the Boone County Court takes filings and keeps the court record, but the paperwork has to arrive complete because court staff cannot give legal advice or interpret the law.
Sunset searches across more than 2,300 financial institutions to help families find accounts and assets before they file, so the estate settlement plan matches what the person actually owned.
Which court handles jurisdiction
Probate for Boone County is filed with the clerk of the Boone County Court at the Boone County Courthouse, 222 South 4th Street, Albion, NE 68620. The same courthouse serves Boone County residents in Albion and communities including Cedar Rapids, Petersburg, Primrose, and St. Edward.
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).
Boone County sits in Nebraska's fifth county judge district, which is how county judges and the county court's local rules are assigned; the district does not move a Boone County estate filing out of Albion (Neb. Rev. Stat. § 24-502, § 24-503).
Venue for the first informal or formal testacy or appointment proceeding is in the county where the decedent had domicile at death, or, if the decedent was not domiciled in Nebraska, in any county where the decedent had property at death (Neb. Rev. Stat. § 30-2410).
The jurisdiction process
- Choose the Nebraska track before you draft. Informal probate uses an application to the registrar; 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 Boone County Court (Neb. Rev. Stat. § 30-2216).
- Gather the certified death certificate, the original will if there is one, a list of heirs and beneficiaries, and enough asset and debt information to choose the correct estate settlement route. Informal probate cannot issue until at least 120 hours have elapsed since death (Neb. Rev. Stat. § 30-2415).
- File with the clerk of the Boone County Court at the Boone County Courthouse, 222 South 4th Street, Albion, NE 68620. A filer without a lawyer may file in person, by mail to the same address, or by fax to 402-395-6592 with the uniform cover sheet required for fax filing under Neb. Ct. R. § 6-601(B) and § 6-604. A fax received outside the court's normal business hours is deemed filed the next business day unless the clerk gave prior permission (Neb. Ct. R. § 6-613), so plan around the midday closure and call before sending a deadline filing.
- Pay the Nebraska probate filing fee. Under Neb. Rev. Stat. § 33-125, a probate commenced and closed informally carries a $22 fee, each later petition or application in an informal proceeding carries another $22 fee, and formal probate is charged on a gross value schedule from $22 to $1,500. The Judicial Branch filing fees and court costs schedule effective July 1, 2026 lists a $44.00 total for a probate commenced and closed informally. Ask the clerk how the Boone County Court takes payment before mailing or travelling.
- If a personal representative is appointed, the clerk publishes notice to creditors once a week for three successive weeks, with the first publication within thirty days after the appointment (Neb. Rev. Stat. § 30-2483). A creditor claim is barred two months after the first publication if notice is given as required (Neb. Rev. Stat. § 30-2485).
- Give any required Department of Health and Human Services notice if the decedent was fifty-five or older or resided in a medical institution (Neb. Rev. Stat. § 30-2483).
- Obtain Letters after appointment. Nebraska uses letters testamentary when there is a will and letters of administration when there is not; one certified copy of letters of appointment is provided without charge under Neb. Rev. Stat. § 33-125(2).
- Prepare and file the inventory, administer assets, pay valid claims, and address the Nebraska inheritance tax. The Boone County Court determines the inheritance tax and it is paid to the county, with the tax due twelve months after the date of death (Neb. Rev. Stat. § 77-2004, § 77-2010, § 77-2018.01).
- If the court sets a hearing and you want to participate by telephone or videoconference, file the remote appearance request at least 48 hours before the hearing and contact the court at least 24 hours before the hearing for instructions and the invitation. Remote appearance is at the judge's discretion under Nebraska law and the fifth county judge district's Remote Hearings rule (Neb. Rev. Stat. § 25-2704).
- After debts, taxes, distributions, and any required court matters are handled, close the estate with a closing statement when the Nebraska Probate Code permits it (Neb. Rev. Stat. § 30-24,128).
Forms and documents
Probate forms in Boone County
Boone County publishes no probate form, local cover sheet, or local probate instruction packet of its own. Its county court information points families to Nebraska Judicial Branch resources, and the clerk of the Boone County Court cannot create or complete the application or petition for you.
| Form or resource | Use in Boone County |
|---|---|
| CC 15:40, Affidavit for Transfer of Personal Property without Probate | Revised July 2022. This form is used for the personal property affidavit under Neb. Rev. Stat. § 30-24,125. It is presented to the person or institution holding the property rather than filed with the Boone County Court. |
| CC 15:41, Affidavit for Transfer of Real Property without Probate | Revised October 2025. This form is used for the real property affidavit under Neb. Rev. Stat. § 30-24,129 and is recorded with the register of deeds, not filed with the court. |
| Uniform fax cover sheet | Required as the first page of a fax filing under Neb. Ct. R. § 6-601(B) and § 6-604. Fax transmissions are limited to 10 pages excluding the cover sheet unless the clerk approves more pages under Neb. Ct. R. § 6-606. |
| Opening application or petition | The Nebraska Judicial Branch does not publish a statewide form for the application that opens informal probate, the petition that opens formal probate, Letters, or an estate inventory. The Judicial Branch says its Self-Help Center cannot provide forms for all possible estate situations. |
| Flowchart for informal probate with a will | AD 2:26, revised February 2020, available from nebraskajudicial.gov. The flowchart applies to informal probate with a will and does not apply when there is no will, the will is contested, or the estate or distribution of assets is contested. |
Local nuance
Boone County-specific considerations
| Local point | Why it matters |
|---|---|
| Two published closing times | The Nebraska Judicial Branch listing gives 8:00 am to 12:00 pm and 1:00 pm to 5:00 pm, Monday through Friday. The Boone County website gives 8:00 a.m. to 4:30 p.m., Monday through Friday, closed during lunch. Both agree on the midday closure, so call 402-395-6184 before travelling late in the afternoon. |
| Fax timing | A person filing without a lawyer may use fax filing under Neb. Ct. R. § 6-601(B). A fax received outside the court's normal business hours is deemed filed the next business day unless the clerk gave prior permission (Neb. Ct. R. § 6-613). Send deadline filings well inside the morning or early afternoon window. |
| Fax cover sheet and page limit | The uniform cover sheet must be the first page of a fax filing under Neb. Ct. R. § 6-601(B) and § 6-604. A transmission is limited to 10 pages excluding the cover sheet unless the clerk approves more pages under Neb. Ct. R. § 6-606. |
| Remote appearance request | Nebraska law permits county court hearings by telephone or videoconference in the circumstances described in Neb. Rev. Stat. § 25-2704. Boone County is in Nebraska's fifth county judge district, whose Remote Hearings rule requires a request filed at least 48 hours before the hearing and contact with the court at least 24 hours before the hearing for instructions and the invitation. |
| Email is not filing | The Judicial Branch publishes [email protected] and Boone County publishes [email protected] for the office. Both are for questions. A document emailed to the clerk or court staff is not a court filing and produces no file stamp (Neb. Ct. R. § 2-212). |
| Register of deeds counter | The real property affidavit is recorded with the register of deeds under Neb. Rev. Stat. § 30-24,129. The Boone County Register of Deeds is at 222 South 4th Street in Albion, phone 402-395-2055, and its published hours are 8:00 a.m. to 4:30 p.m. Monday through Friday, open through the lunch hour. |
| No local probate packet | Boone County publishes no probate form or local instruction packet of its own. Use the Nebraska Judicial Branch forms that exist, and expect to prepare the document that opens the estate yourself or through a lawyer. |
Recent updates
| Date | Local update |
|---|---|
| February 16, 2023 | The county court local rules for Nebraska's fifth county judge district, which includes Boone County, approved a Remote Hearings rule. A remote appearance is at the judge's discretion, the request must be filed at least 48 hours before the hearing, and an authorized participant must contact the court at least 24 hours before the hearing for instructions and the invitation (Neb. Rev. Stat. § 25-2704). |
Scenarios
| Scenario | Likely Boone County path | Where Sunset helps |
|---|---|---|
| Surviving spouse with a co-owned home | Start with the deed and account titles. If survivorship resolves the home and only personal property remains, the Affidavit for Transfer of Personal Property without Probate, CC 15:40, may work after thirty days have elapsed if the property fits Neb. Rev. Stat. § 30-24,125. If the decedent's Nebraska real property interest is within the separate $100,000 ceiling, the real property affidavit, CC 15:41, is recorded with the Boone County Register of Deeds under Neb. Rev. Stat. § 30-24,129. Otherwise, file the application or petition with the clerk of the Boone County Court in Albion. | Sunset helps identify accounts, title information, and documents before the family chooses the estate settlement route. |
| Out-of-state adult child with a small estate | If the personal property fits Neb. Rev. Stat. § 30-24,125 and thirty days have elapsed, CC 15:40 is presented to whoever holds the property and is not filed with the court. If Letters are needed, filing can be mailed to the Boone County Court or faxed to 402-395-6592 with the uniform cover sheet under Neb. Ct. R. § 6-601(B). If a hearing is set, a remote appearance request must be filed at least 48 hours before the hearing under the fifth county judge district's rule and Neb. Rev. Stat. § 25-2704. | Sunset organizes the asset list, generates a probate packet when a court filing is needed, and helps coordinate with a Boone County attorney if the family is out of state. |
| Parent settling a predeceased child's estate, home must be sold | Neither affidavit is a home-sale route. The estate is opened with the clerk of the Boone County Court. In Boone County the clerk of the county court is a clerk magistrate, an office described in Neb. Rev. Stat. § 24-507, but a clerk magistrate may not hear a determination of title to real estate or an authorization to sell or mortgage real estate; that part goes to a county judge (Neb. Rev. Stat. § 24-519). Notice to creditors is published by the clerk, and claims are barred two months after the first publication when notice is given as required (Neb. Rev. Stat. § 30-2483, § 30-2485). The inheritance tax is determined by the Boone County Court and is due twelve months after the date of death (Neb. Rev. Stat. § 77-2004, § 77-2010). | Sunset helps find assets and debts, prepare the court packet, and connect the family with a vetted local probate attorney for the sale and tax steps. |
Self-help resources
Boone County does not have a courthouse self-help counter for probate. Nebraska's self-help center is online, and court staff can answer filing logistics but cannot give legal advice or interpret the law.
| Resource | How it helps |
|---|---|
| Clerk of the Boone County Court | 222 South 4th Street, Albion, NE 68620. Phone 402-395-6184. Fax 402-395-6592. Email [email protected], with [email protected] also published by Boone County for the office. Use email for questions, not filings. Call before travelling because the office closes over the midday hour and has two published afternoon closing times. |
| Boone County Court information | https://boonecountyne.gov/county-court/. Boone County's court information includes local contact information and links to Nebraska Judicial Branch forms, filing fees and court costs, self-help information, and Legal Aid of Nebraska. |
| Boone County Register of Deeds | 222 South 4th Street, Albion, NE 68620. Phone 402-395-2055. Published hours are 8:00 a.m. to 4:30 p.m. Monday through Friday, open through the lunch hour. This is where the real property affidavit is recorded under Neb. Rev. Stat. § 30-24,129. |
| Nebraska Online Legal Self-Help Center | https://nebraskajudicial.gov/self-help. The Judicial Branch's online self-help center explains filing mechanics, including fax filing under Neb. Ct. R. § 6-601(B) and the rule that email filings are not allowed. |
| Estates self-help | https://nebraskajudicial.gov/self-help/estates and https://nebraskajudicial.gov/self-help/estates/additional-information-estates. These pages cover estates, claims, deposit of a will, motor vehicle title transfer, affidavit routes, and the Judicial Branch statement that filing an estate will most often require an attorney's help even though the law allows self-representation. |
| Affidavit forms | CC 15:40, Affidavit for Transfer of Personal Property without Probate, revised July 2022, under Neb. Rev. Stat. § 30-24,125: https://nebraskajudicial.gov/sites/default/files/CC-15-40.pdf. CC 15:41, Affidavit for Transfer of Real Property without Probate, revised October 2025, under Neb. Rev. Stat. § 30-24,129: https://nebraskajudicial.gov/sites/default/files/CC-15-41.pdf. |
| Uniform fax cover sheet | https://nebraskajudicial.gov/sites/default/files/Ch6Art6App1.pdf. Use it as the first page for fax filing under Neb. Ct. R. § 6-601(B) and § 6-604. A fax transmission is limited to 10 pages excluding the cover sheet unless the clerk approves more pages under Neb. Ct. R. § 6-606. |
| Flowchart for informal probate with a will | https://nebraskajudicial.gov/sites/default/files/AD-2-26.pdf. This nebraskajudicial.gov flowchart applies to informal probate with a will and does not apply where there is no will, the will is contested, or the estate or distribution of assets is contested. |
| Statewide case search | https://www.nebraska.gov/justice/case.cgi, the Nebraska.gov access point for JUSTICE. A general search for a list of cases is free, viewing details is $2 with no extra charge for document images, a one-time party-name search is $17 and returns up to 30 records, and frequent users can open a Nebraska.gov subscriber account for an annual $100. |
| Filing fees and court costs | https://nebraskajudicial.gov/rules/administrative-policies-schedules/filing-fees-and-court-costs. The Judicial Branch schedule effective July 1, 2026 lists probate filing fee and court costs totals collected in Nebraska county courts, alongside Neb. Rev. Stat. § 33-125. |
| Limited Scope Representation | https://nebraskajudicial.gov/self-help/limited-scope-representation/people-wanting-limited-legal-assistance. Limited Scope Representation lets a person hire a Nebraska lawyer for part of a case rather than every task. |
| Legal Aid of Nebraska | Statewide AccessLine 1.877.250.2016, Monday and Wednesday 8:30 am to 11:30 am, Tuesday and Thursday 1:00 pm to 3:00 pm Central. ElderAccessLine 1.800.527.7249 serves people 60 and over in all 93 counties. Screening is by household income, assets, and legal issue; published practice areas are children and families, debt and finance, housing, and income and benefits rather than estate administration, and the organization takes no walk-ins. https://legalaidofnebraska.org/. |
| Nebraska Free Legal Answers | https://ne.freelegalanswers.org/. A free virtual clinic where qualifying users can post a civil legal question for a Nebraska-licensed volunteer attorney to answer by email. Its published topic list does not include estates, and volunteers cannot call you or represent you in court. |
When to hire an attorney
Nebraska does not require a personal representative to hire a lawyer, and the Judicial Branch's estates information says the law allows you to represent yourself if you choose; the same materials say that filing an estate will most often require an attorney's help and that the Self-Help Center cannot supply forms for every situation. That matters in Boone County because there is no statewide form for the application or petition that opens an estate, Boone County publishes no form of its own, and the clerk of the Boone County Court can take the filing but cannot advise or interpret the law. Limited Scope Representation through nebraskajudicial.gov can 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 whether their issue fits its screening rules. Sunset connects families to a vetted local probate attorney.
How Sunset helps
Find the accounts and assets. Sunset searches across more than 2,300 financial institutions, organizes what is found, and helps the family see whether the Boone County estate settlement may use an affidavit route or needs a court filing.
Generate the probate packet. Sunset turns the family, asset, debt, and court information into an organized probate packet for the Boone County Court, including the local address, fax filing notes, and the Nebraska rules that affect the filing.
Find a local probate attorney. If the estate needs formal probate, a real estate sale, inheritance tax work, or help drafting the application or petition, Sunset can connect the family with a vetted Nebraska probate attorney.
Sunset is free for families. Sunset is a free estate settlement platform for families. The family can use Sunset to find assets, organize tasks, generate documents, and decide when attorney help makes sense.
Frequently asked questions
Where do I file probate in Boone County?
File with the clerk of the Boone County Court at the Boone County Courthouse, 222 South 4th Street, Albion, NE 68620. Nebraska district courts do not hear probate; a will is proved and letters are issued in the county court, which has exclusive original jurisdiction over decedents' estates (Neb. Rev. Stat. § 24-517).
What are the clerk's hours in Albion, and is the office closed over lunch?
Yes. The office closes over the midday hour. The Nebraska Judicial Branch listing gives 8:00 am to 12:00 pm and 1:00 pm to 5:00 pm, Monday through Friday. The Boone County website gives 8:00 a.m. to 4:30 p.m., Monday through Friday, closed during lunch. Call 402-395-6184 before travelling.
Do I need a lawyer to settle an estate in Nebraska?
Nebraska law allows self-representation, and a personal representative is not required to hire a lawyer. The Judicial Branch also says filing an estate will most often require an attorney's help because estates differ and the Self-Help Center cannot provide forms for every situation. In Boone County, no local form exists for the opening application or petition.
How much does it cost to open an estate in Boone County?
The probate filing fee is set by Nebraska statute, not by Boone County. Under Neb. Rev. Stat. § 33-125, a probate commenced and closed informally carries a $22 fee, each later petition or application in an informal proceeding carries another $22 fee, and formal probate is charged on a gross value schedule from $22 to $1,500. The Judicial Branch filing fees and court costs schedule effective July 1, 2026 lists a $44.00 total for a probate commenced and closed informally, or $45.00 where a will is proved and the certificate issues.
Can I file by fax or by email in Boone County?
A person filing without a lawyer may file in person, by mail, or by fax to 402-395-6592 with the uniform cover sheet under Neb. Ct. R. § 6-601(B) and § 6-604. Email filings are not allowed; emailing a document to the clerk or court staff is not a court filing and will not generate a file stamp (Neb. Ct. R. § 2-212). A Nebraska attorney must use electronic filing under Neb. Ct. R. § 2-202.
Can I avoid probate with an affidavit in Boone County?
Possibly. For personal property, CC 15:40, Affidavit for Transfer of Personal Property without Probate, is used under Neb. Rev. Stat. § 30-24,125 after thirty days have elapsed and the statutory conditions are met; it is presented to whoever holds the property, not filed with the court. For Nebraska real property, CC 15:41 is recorded with the register of deeds under Neb. Rev. Stat. § 30-24,129. The real property value test is separate from the personal property route, and a recording fee should be checked with the Boone County Register of Deeds.
Is there a Nebraska inheritance tax, and who do I pay in Boone County?
Yes. Nebraska has an inheritance tax, and it is a county tax. The Boone 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. § 77-2004, § 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 appear by phone or video for a Boone County hearing?
Remote appearance is possible only under Nebraska law and the court's order. Neb. Rev. Stat. § 25-2704 allows all nonevidentiary hearings, and evidentiary hearings the court approves with all appearing parties' stipulation, to be heard by telephone or videoconference. Boone County is in Nebraska's fifth county judge district, whose Remote Hearings rule requires the request to be filed at least 48 hours before the hearing and an authorized participant to contact the court at least 24 hours before the hearing.
How do I look up a Boone County case?
Use the statewide JUSTICE case search through Nebraska.gov at https://www.nebraska.gov/justice/case.cgi. A general search for a list of cases is free, viewing details is $2 with no extra charge for document images, a one-time party-name search is $17 and returns up to 30 records, and frequent users can open a Nebraska.gov subscriber account for an annual $100. The same case information is free at a courthouse kiosk or law library.
Does Boone County have its own probate forms?
No local Boone County probate packet is published. The Nebraska Judicial Branch provides some estate forms, including CC 15:40 under Neb. Rev. Stat. § 30-24,125 and CC 15:41 under Neb. Rev. Stat. § 30-24,129, but it does not publish a statewide form for the application that opens informal probate or the petition that opens formal probate.
Do I have to travel to Albion?
Not always. If the personal property affidavit under Neb. Rev. Stat. § 30-24,125 works, it is presented to the holder of the property and is not filed with the Boone County Court. If a court filing is needed and you do not have a lawyer, you may file by mail or by fax under Neb. Ct. R. § 6-601(B). If a hearing is set, ask about a remote appearance under Neb. Rev. Stat. § 25-2704 and the fifth county judge district's 48-hour request rule.
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.