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Box Butte County, NE Probate Information
Quick facts
| Item | Box Butte County detail |
|---|---|
| Court | Box Butte County Court |
| Courthouse address | 515 Box Butte Avenue, Suite 100, Alliance, NE 69301 |
| Mailing address | 515 Box Butte Avenue, Suite 100, Alliance, NE 69301 |
| Phone | 308-762-6800 |
| Fax | 308-762-2650. A person filing without a lawyer may use fax filing with the uniform cover sheet under Neb. Ct. R. § 6-601(B), subject to the rule's limits. |
| [email protected], for questions, not filings. Nebraska court rules do not treat an emailed document as a filing for a court case. | |
| Hours | Monday through Friday, 7:30 a.m. to 4:30 p.m., closed from 12:00 p.m. to 1:00 p.m. for lunch each day. Call 308-762-6800 before travelling over the lunch hour. |
| 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; statewide schedule effective July 1, 2026). Confirm the current amount with the clerk of the Box Butte County Court before you file. |
| Local forms | No Box Butte County probate packet is posted on the county court page. Use the Nebraska Judicial Branch estate forms that apply, and prepare the application or petition for the estate with legal help if needed. |
| E-filing | A Nebraska attorney must use electronic filing under Neb. Ct. R. § 2-202. A person filing without a lawyer is not required to use attorney e-filing and may file in person, by mail, or by fax with the Neb. Ct. R. § 6-601(B) cover sheet until July 1, 2028. Ask the clerk whether optional non-attorney registration under Neb. Ct. R. § 2-216 is open before relying on it. |
| Case search | Statewide trial court case search through Nebraska.gov, running on the Judicial Branch's JUSTICE case management system at 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 all nonevidentiary hearings, and evidentiary hearings approved by the court with all appearing parties' stipulation, to be heard telephonically or by videoconference in a manner that preserves an accurate record (Neb. Rev. Stat. § 25-2704). The twelfth county judge district's local rule makes ZOOM the preferred procedure for motion-calendar hearings and for hearings expected to take less than 30 minutes with no witness testimony; judicial approval is needed for longer matters or hearings with witnesses. |
| County judge district | Twelfth county judge district, which groups county judges and county court local rules but does not move a Box Butte County estate filing away from Alliance (Neb. Rev. Stat. § 24-503). |
| Website | https://nebraskajudicial.gov/courts/box-butte-county-court and https://boxbuttecountyne.gov/county-court/ |
Before you begin — know the assets and liabilities
Before you choose a probate path in Box Butte County, list the assets, debts, beneficiaries, and title details. That first inventory often decides whether the estate settlement needs Letters from the Box Butte County Court, a no-court affidavit for personal property, a deed-office filing for real property, or a lawyer's help.
Sunset's asset discovery searches more than 2,300 financial institutions so families can find accounts before they file. That makes the estate settlement plan more accurate before you call the Alliance clerk, send a fax, or ask an attorney to prepare the opening papers.
Which court handles jurisdiction
Probate for Box Butte County is filed with the clerk of the Box Butte County Court at 515 Box Butte Avenue, Suite 100, Alliance, NE 69301. Alliance is the county seat and courthouse city; Box Butte County's own site also describes the county as serving Alliance and Hemingford.
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). Box Butte County sits in Nebraska's twelfth county judge district, which is how county judges and county court local rules are assigned; the case itself is filed at this county's own courthouse (Neb. Rev. Stat. § 24-502, § 24-503).
Venue for the first informal or formal testacy or appointment proceeding is the county where the decedent had domicile at death, or, if the decedent was not domiciled in Nebraska, any Nebraska county where the decedent had property (Neb. Rev. Stat. § 30-2410).
The jurisdiction process
- Choose the opening track. An informal probate uses an application to the registrar, while a formal probate uses a petition to the court after 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 county court (Neb. Rev. Stat. § 30-2216).
- Gather the death certificate, the original will if there is one, known asset information, debt information, addresses for heirs and devisees, and any facts needed to show Box Butte County venue under Neb. Rev. Stat. § 30-2410.
- File with the clerk of the Box Butte County Court at 515 Box Butte Avenue, Suite 100, Alliance, NE 69301. If you are filing without a lawyer, you may file in person, by mail, or by fax to 308-762-2650 with the uniform cover sheet under Neb. Ct. R. § 6-601(B). A Nebraska attorney must use electronic filing under Neb. Ct. R. § 2-202.
- Pay the filing fee. The informal base fee is $22, and formal probate is charged under the gross-value schedule in Neb. Rev. Stat. § 33-125, with the statewide schedule effective July 1, 2026. Call 308-762-6800 to ask how the clerk takes payment before mailing or faxing a filing.
- Wait for the court's initial action. Informal probate cannot issue until at least 120 hours have elapsed since death (Neb. Rev. Stat. § 30-2415). If formal probate is needed, the court may decide an unopposed formal testacy petition on the pleadings or may set a hearing after notice (Neb. Rev. Stat. § 30-2429).
- If a hearing is set, ask the clerk how remote participation is handled. Under Neb. Rev. Stat. § 25-2704, nonevidentiary hearings and approved stipulated evidentiary hearings may be heard telephonically or by videoconference. The twelfth district rule makes ZOOM the preferred procedure for motion-calendar hearings and short hearings with no witness testimony, with judicial approval required for longer matters or hearings with witnesses.
- After appointment, the court issues the appropriate Letters, such as letters testamentary for a will or letters of administration when there is no will. One certified copy of the Letters is supplied without charge under Neb. Rev. Stat. § 33-125.
- Handle notice after appointment. The clerk publishes notice to creditors once a week for three successive weeks, with first publication within thirty days after appointment, and claims are generally barred two months after the date of first publication if notice is given correctly (Neb. Rev. Stat. § 30-2483, § 30-2485). The party maintaining the proceeding or the attorney must mail the published notice and prove mailing as required by statute.
- Check Department of Health and Human Services notice. Nebraska requires that notice if the decedent was 55 or older or resided in a medical institution, and a notice that fails to conform is void (Neb. Rev. Stat. § 30-2483).
- Administer assets, pay allowed claims, address Nebraska inheritance tax, distribute what remains, and close the estate. Nebraska inheritance tax is determined by the Box Butte County Court, paid to the county, and due twelve months after the date of death (Neb. Rev. Stat. § 77-2010, § 77-2018.01, § 77-2004). A closing statement is used when the estate is ready to close under the Nebraska Probate Code (Neb. Rev. Stat. § 30-24,128).
Forms and documents
Probate forms in Box Butte County
Nebraska has a partial statewide estate form set, but not a fill-in packet for opening every estate. The Nebraska Judicial Branch provides CC 15:40, Affidavit for Transfer of Personal Property without Probate, revised July 2022, for the personal-property affidavit under Neb. Rev. Stat. § 30-24,125. That statute uses a $100,000 ceiling, raised by 2022 Neb. Laws LB 1124, signed April 18, 2022.
The Judicial Branch also provides CC 15:41, Affidavit for Transfer of Real Property without Probate, revised October 2025, for the real-property affidavit under Neb. Rev. Stat. § 30-24,129. That real-property route uses a separate $100,000 ceiling, raised by 2024 Neb. Laws LB 1195, signed April 15, 2024, and the page also involves the personal-property ceiling in Neb. Rev. Stat. § 30-24,125. The real-property affidavit is recorded with the register of deeds, not filed as the way to open a court estate.
The uniform fax cover sheet is required as the first page when a non-attorney files by fax under Neb. Ct. R. § 6-601(B). Nebraska Judicial Branch self-help materials also include an informal-probate flowchart for an uncontested estate with a will, and that flowchart does not apply when there is no will, the will is contested, or the estate or asset distribution is contested.
The Judicial Branch does not publish a statewide form for the application that opens informal probate, the petition that opens formal probate, Letters, or an inventory. Box Butte County does not post a local probate packet on its county court page, so ask the clerk what formatting the court expects and consider limited legal help before filing.
Local nuance
Box Butte County-specific considerations
| Local point | Why it matters |
|---|---|
| Twelfth district remote-hearing rule | The district rule approved October 26, 2022 applies to Box Butte County Court. Its Appendix A covers probate proceedings and makes ZOOM the preferred procedure for motion-calendar hearings and hearings expected to take less than 30 minutes with no witness testimony. Longer matters and hearings with witnesses need judicial approval, and evidentiary hearings still follow Neb. Rev. Stat. § 25-2704. |
| Register of Deeds Friday hours | The Box Butte County Register of Deeds is the office for recording the real-property affidavit under Neb. Rev. Stat. § 30-24,129. Its hours are 7:45 a.m. to 4:00 p.m. Monday through Thursday and 7:45 a.m. to 12:00 p.m. Friday, so call before planning a Friday afternoon recording trip. |
Recent updates
| Date | Update |
|---|---|
| October 26, 2022 | The twelfth county judge district's rules for the use of technology for remote hearings were approved. The rules apply to Box Butte County Court and include probate proceedings in Appendix A. |
Page last reviewed: August 2026.
Scenarios
| Situation | Likely local path | Where Sunset helps |
|---|---|---|
| Surviving spouse w/ co-owned home | Check the deed and account titles first. Survivorship may resolve the home without opening a court estate. Personal property may fit the $100,000 affidavit route under Neb. Rev. Stat. § 30-24,125, raised by 2022 Neb. Laws LB 1124, signed April 18, 2022; real property has a separate affidavit route under Neb. Rev. Stat. § 30-24,129, raised by 2024 Neb. Laws LB 1195, signed April 15, 2024, and the real-property filing is with the Box Butte County Register of Deeds. | Sunset helps identify accounts, debts, deeds, and beneficiary designations before the family chooses an estate settlement path. |
| Out-of-state adult child w/ small estate | If the personal property qualifies and thirty days have elapsed, the claiming successor presents CC 15:40 to the holder of the property under Neb. Rev. Stat. § 30-24,125 rather than opening a court case. If Letters are needed, mail the filing to Alliance or, if filing without a lawyer, use fax filing to 308-762-2650 with the Neb. Ct. R. § 6-601(B) cover sheet. | Sunset helps decide whether asset discovery points toward an affidavit, a court filing, or a referral to a local probate attorney. |
| Parent settling predeceased child's estate, home must be sold | An estate that needs a home sold generally needs court authority. A clerk magistrate may hear some uncontested estate matters, but not the determination of title to real estate or an authorization to sell or mortgage real estate (Neb. Rev. Stat. § 24-519, § 24-507). That step belongs before the county judge. | Sunset can organize the estate settlement file, generate a probate packet for attorney review, and connect the family with a vetted Nebraska probate attorney. |
Self-help resources
| Resource | How it helps | Contact |
|---|---|---|
| Nebraska Online Legal Self-Help Center | Statewide self-help information for people without lawyers, including court filing basics and the rule that emailed documents are not court filings. | https://nebraskajudicial.gov/self-help |
| Estates section | Estate process information, claims against estates, deposit of wills, the informal-probate flowchart, the two no-court affidavit routes, and motor vehicle title transfer information. | https://nebraskajudicial.gov/self-help/estates |
| Additional information: Estates | Explains that the law allows self-representation, while also warning that filing an estate most often requires attorney help and that self-help materials cannot cover every situation. | https://nebraskajudicial.gov/self-help/estates/additional-information-estates |
| Master forms list | Statewide form list for CC 15 estate forms, including CC 15:40 under Neb. Rev. Stat. § 30-24,125 and CC 15:41 under Neb. Rev. Stat. § 30-24,129. | https://nebraskajudicial.gov/forms |
| Legal Aid of Nebraska | 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 is for people 60 and over in all Nebraska counties. Screening depends on household income, assets, and legal issue; the published practice areas are family, debt, housing, and benefits rather than estate administration, and the organization takes no walk-ins. | https://legalaidofnebraska.org/how-we-help/ |
| Nebraska Free Legal Answers | A free virtual clinic for qualifying users to ask non-criminal civil questions by email. Its published topic list does not include estates, and volunteer lawyers cannot represent anyone in court. | https://ne.freelegalanswers.org/ |
| Limited Scope Representation | Information about hiring a lawyer for part of a case instead of full representation. | https://nebraskajudicial.gov/self-help |
When to hire an attorney
Nebraska does not require a personal representative to hire a lawyer, and the Judicial Branch's own self-help materials say the law allows you to represent yourself. 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. Counsel is especially useful when there is a will dispute, real estate sale, inheritance tax question, creditor dispute, missing heir, or uncertainty about whether an affidavit route is enough; Nebraska also recognizes Limited Scope Representation through nebraskajudicial.gov for families who need help with only part of the case. Sunset connects you to a vetted attorney.
How Sunset helps
Find the accounts and assets. Sunset searches across more than 2,300 institutions to help families locate bank accounts, retirement accounts, insurance, and other assets before the Box Butte County filing decision is made.
Generate the probate packet. Sunset turns the information you provide into an organized estate settlement file and probate packet that can be reviewed before filing with the Box Butte County Court.
Find a local probate attorney. When an estate needs legal advice, a real estate sale, a formal probate petition, or help with inheritance tax, Sunset connects families with a vetted probate attorney who can practice in Nebraska.
Sunset is free for families. Families can use Sunset to organize the estate settlement, identify next steps, and decide whether to file on their own or work with counsel.
Frequently asked questions
Where do I file probate in Box Butte County?
File with the clerk of the Box Butte County Court at 515 Box Butte Avenue, Suite 100, Alliance, NE 69301. Nebraska district courts do not hear probate; the county court has exclusive original jurisdiction over decedents' estates (Neb. Rev. Stat. § 24-517).
What are the Box Butte County Court clerk's hours?
The court is open Monday through Friday, 7:30 a.m. to 4:30 p.m., and closes from 12:00 p.m. to 1:00 p.m. for lunch each day. Call 308-762-6800 before travelling over the midday hour.
Do I need a lawyer for probate in Box Butte County?
Nebraska law allows self-representation, but the Judicial Branch explains that filing an estate will most often require attorney help. A lawyer is especially important if the estate needs formal probate with notice, a real estate sale, an inheritance tax determination, or a dispute response.
How much does probate cost in Box Butte County?
The county court probate filing fee is set by state statute, not by Box Butte County. A proceeding commenced and closed informally starts at $22, with another $22 for each later petition or application in an informal proceeding; formal probate uses a gross value schedule that runs to $1,500 for estates over $5,000,000 (Neb. Rev. Stat. § 33-125; statewide schedule effective July 1, 2026).
Can I avoid probate with an affidavit in Box Butte County?
Possibly. The personal-property route uses CC 15:40 under Neb. Rev. Stat. § 30-24,125, with a $100,000 ceiling raised by 2022 Neb. Laws LB 1124, signed April 18, 2022, and is presented to the holder of the property. The real-property route uses CC 15:41 under Neb. Rev. Stat. § 30-24,129, with a separate $100,000 ceiling raised by 2024 Neb. Laws LB 1195, signed April 15, 2024, and is recorded with the Box Butte County Register of Deeds.
Is there a Nebraska inheritance tax, and who is paid?
Yes. Nebraska inheritance tax is a county tax: the Box Butte 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, § 77-2004). Rates and exemptions depend on the beneficiary's relationship to the decedent and on whether the death was before or on or after January 1, 2023.
Can I appear by phone or video for a Box Butte County probate hearing?
Nebraska law allows nonevidentiary hearings, and evidentiary hearings approved by the court with all appearing parties' stipulation, to be heard telephonically or by videoconference (Neb. Rev. Stat. § 25-2704). In the twelfth county judge district, Appendix A of the local rule makes ZOOM the preferred procedure for motion-calendar hearings and hearings expected to take less than 30 minutes with no witness testimony; longer matters or hearings with witnesses need judicial approval.
Can I file by fax or by email in Box Butte County?
A person filing without a lawyer may use fax filing to 308-762-2650 with the required cover sheet under Neb. Ct. R. § 6-601(B), until July 1, 2028. Nebraska attorneys must use electronic filing under Neb. Ct. R. § 2-202. An emailed document is not a court filing.
How do I look up a Box Butte County probate case?
Use the statewide Nebraska.gov JUSTICE search at https://www.nebraska.gov/justice/case.cgi. General searches for lists of cases are free; viewing case details has a $2 charge, with no extra charge for document images, and frequent users can open a Nebraska.gov subscriber account for an annual $100.
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.