Back to Nebraska
Boyd County, NE Probate Information
Quick facts
| Item | Boyd County information |
|---|---|
| Court | Boyd County Court |
| Courthouse address | 401 Thayer Street, Butte, NE 68722 |
| Mailing address | Boyd County Court, P.O. Box 396, Butte, NE 68722 |
| Phone | 402-360-0814 is the Judicial Branch phone number for the Boyd County Court. The county's own court page lists 402-775-2211 as its single contact number, which the Judicial Branch lists as the fax number, so call ahead if the first number does not reach the office. |
| Fax | 402-775-2211 |
| [email protected], for questions only. Email filings are not allowed in Nebraska court cases (Neb. Ct. R. § 2-212). | |
| Hours | Judicial Branch hours for the Boyd County Court in Butte are Monday, Wednesday, Thursday, and Friday, 8:00 am to 4:00 pm. On Tuesday, the same clerk can be reached through the Rock County Court schedule, 8:30 am to 3:30 pm, at 402-360-0814. The county's own court page states 8:15 am to 4:00 pm, Monday through Friday, open through lunch, so call before going in person, especially on Tuesday. |
| Filing fee | As of the July 1, 2026 Judicial Branch statewide fee schedule, the informal opening counter total is $44, or $45 if testate. 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 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). Confirm the current amount with the clerk of the Boyd County Court before you file. |
| Local forms | Boyd County does not publish a local probate form, local cover sheet, or local probate instruction sheet. Use the Nebraska Judicial Branch forms and the uniform fax cover sheet when fax filing under Neb. Ct. R. § 6-601. |
| 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), which every Nebraska court must accept from a non-attorney until July 1, 2028. Neb. Ct. R. § 2-216 addresses optional non-attorney electronic filing registration, so confirm with the clerk before relying on that route. |
| Case search | Statewide trial court case search is through Nebraska.gov, running on the Judicial Branch's JUSTICE case management system: https://www.nebraska.gov/justice/case.cgi. As described by the Judicial Branch in August 2026, a general search for a list of cases is free; viewing case 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 (Neb. Rev. Stat. § 25-2704). Boyd County is in the eighth county judge district, whose Rule 8-2 requires court approval and a motion at least 5 days before a non-evidentiary remote hearing, or at least 3 days before a hearing that was not already set as remote. |
| County judge district | Nebraska's eighth county judge district (Neb. Rev. Stat. § 24-503) |
| Website | Judicial Branch court page: https://nebraskajudicial.gov/courts/boyd-county-court. Boyd County court page: https://boydcounty.ne.gov/county-court/. |
Before you begin — know the assets and liabilities
Before you choose a Boyd County probate filing, list the accounts, real estate, vehicles, debts, tax issues, and family questions. Nebraska estate settlement often turns on what is actually titled in the decedent's name, whether Letters are needed, and whether an affidavit route can transfer the property outside a court case.
Sunset's asset discovery checks more than 2,300 institutions so families can find accounts, benefits, and liabilities before they prepare a court packet. That inventory makes estate settlement in Boyd County more practical because the clerk accepts filings, but the court does not build the application or petition for you.
Which court handles jurisdiction
Probate for Boyd County is filed with the clerk of the Boyd County Court at 401 Thayer Street in Butte, Nebraska. Mail for a filing goes to Boyd County Court, P.O. Box 396, Butte, NE 68722.
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).
Butte is the county seat. Boyd County's own homepage lists the cities and villages as Anoka, Bristow, Butte, Gross, Lynch, Monowi, Naper, and Spencer.
Boyd County sits in Nebraska's eighth county judge district, which is how county judges and the county court's local rules are assigned; the estate case itself is filed at this county's own courthouse (Neb. Rev. Stat. § 24-502, § 24-503). The clerk magistrate serving Boyd County also serves Rock County under Neb. Rev. Stat. § 24-507, but a Boyd County estate is still filed with the Boyd County Court in Butte.
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's property was located (Neb. Rev. Stat. § 30-2410).
The jurisdiction process
- Choose the Nebraska track. Informal probate uses an application to the registrar, whose acts are performed by a county judge or by a person designated by the court in a written order (Neb. Rev. Stat. § 30-2216). Formal probate uses a petition to the court with notice to interested persons.
- Gather the death certificate, the original will if there is one, a list of heirs and devisees, asset information, debts, and the information needed for Nebraska inheritance tax. Informal probate cannot issue until at least 120 hours have passed after death (Neb. Rev. Stat. § 30-2415).
- Deliver the application or petition to the clerk of the Boyd County Court at 401 Thayer Street, Butte, NE 68722, or mail it to P.O. Box 396, Butte, NE 68722. For an in-person visit, plan around the split-week schedule: the Butte office hours are Monday, Wednesday, Thursday, and Friday, 8:00 am to 4:00 pm, while Tuesday contact follows the shared Rock County schedule at 402-360-0814.
- If you are filing without a lawyer, you may also fax the filing to 402-775-2211 with the uniform cover sheet required for fax filing under Neb. Ct. R. § 6-601. A Nebraska attorney must file electronically under Neb. Ct. R. § 2-202. Email filing is not allowed (Neb. Ct. R. § 2-212).
- Pay the filing fee. As of the July 1, 2026 statewide fee schedule, the statutory base under Neb. Rev. Stat. § 33-125 is $22 for a proceeding commenced and closed informally, and formal probate is charged under the value schedule in Neb. Rev. Stat. § 33-125.
- After appointment, the clerk publishes notice to creditors once a week for three successive weeks, with first publication within 30 days after appointment (Neb. Rev. Stat. § 30-2483). Claims covered by that notice are barred unless presented within two months after the date of first publication, subject to the statutory rule (Neb. Rev. Stat. § 30-2485).
- Give any required Department of Health and Human Services notice if the decedent was 55 or older or resided in a medical institution (Neb. Rev. Stat. § 30-2483).
- Obtain Letters. The court provides one certified copy of letters of appointment without charge in a formal case under Neb. Rev. Stat. § 33-125; ask the clerk what copy charges apply if you need more.
- Administer the estate: secure assets, prepare the inventory, address claims, and handle any needed sale or transfer of property. If a hearing is needed and you want to appear by phone or videoconference, follow Neb. Rev. Stat. § 25-2704 and District 8 Rule 8-2.
- Address Nebraska inheritance tax. The Boyd County Court determines the inheritance tax and it is paid to the county; it is due twelve months after the date of death (Neb. Rev. Stat. § 77-2004, § 77-2010, § 77-2018.01).
- Distribute property only after authority, creditor, tax, and title issues are handled. When administration is complete, file the required closing papers, including a closing statement when that route applies (Neb. Rev. Stat. § 30-24,128).
Forms and documents
Probate forms in Boyd County
Boyd County does not publish a local probate form, local cover sheet, or local probate instruction sheet. The Boyd County Court page points users to the Nebraska Judicial Branch payment system, but it does not provide county-specific estate paperwork.
The Nebraska Judicial Branch publishes selected estate forms, not a full opening packet. The available statewide estate forms include CC 15:40, Affidavit for Transfer of Personal Property without Probate, for the personal property affidavit under Neb. Rev. Stat. § 30-24,125, revised July 2022, and CC 15:41, Affidavit for Transfer of Real Property without Probate, for the real property affidavit under Neb. Rev. Stat. § 30-24,129, revised October 2025. The personal property ceiling has been $100,000 since the 2022 change signed April 18, 2022 by LB 1124; the real property ceiling has been $100,000 since the 2024 change signed April 15, 2024 by LB 1195.
The Judicial Branch does not publish a statewide opening application or petition form for a decedent's estate, and the Boyd County Court clerk cannot prepare one for you. The Judicial Branch does publish a flowchart for informal probate filed with a will, limited to testate, uncontested matters, at https://nebraskajudicial.gov/self-help/estates.
If a person filing without a lawyer sends a document by fax, use the uniform cover sheet required for fax filing under Neb. Ct. R. § 6-601. The cover sheet is available at https://nebraskajudicial.gov/sites/default/files/Ch6Art6App1.pdf.
Local nuance
Boyd County-specific considerations
| Local point | What it means for a Boyd County estate |
|---|---|
| Split-week clerk schedule | The clerk magistrate serving Boyd County also serves Rock County under Neb. Rev. Stat. § 24-507. For Boyd County, the Judicial Branch lists Butte office hours on Monday, Wednesday, Thursday, and Friday, 8:00 am to 4:00 pm. Tuesday contact follows the Rock County schedule, 8:30 am to 3:30 pm, at the same 402-360-0814 phone number. A Boyd County filing still goes to the Boyd County Court in Butte. |
| Phone and fax mismatch | The Judicial Branch lists 402-360-0814 as the phone and 402-775-2211 as the fax. Boyd County's own court page lists 402-775-2211 as its single court contact number. Treat 402-360-0814 as the first phone number to try, and confirm which number reaches the clerk before relying on either number for a time-sensitive filing. |
| No local probate packet | Boyd County does not publish a local probate form, cover sheet, or instruction sheet. Use the Nebraska Judicial Branch forms that exist, the uniform fax cover sheet under Neb. Ct. R. § 6-601, and the Judicial Branch estates self-help pages. |
| Real property affidavit office | The Affidavit for Transfer of Real Property without Probate, CC 15:41, is recorded with the Boyd County Register of Deeds, not filed with the court (Neb. Rev. Stat. § 30-24,129). The register of deeds office is in the same building at 401 Thayer Street in Butte and lists phone 402-775-2391. |
Recent updates
Page last reviewed: August 2026.
Scenarios
| Situation | Likely Boyd County path | Where Sunset helps |
|---|---|---|
| Surviving spouse with a co-owned home | Start by checking the deed and account titles. If only personal property needs transfer and the personal property affidavit requirements are met, CC 15:40 may be presented to the holder instead of opening a case, with the $100,000 ceiling under Neb. Rev. Stat. § 30-24,125, changed by LB 1124 signed April 18, 2022. If Nebraska real property must pass by affidavit, CC 15:41 is recorded with the Boyd County Register of Deeds under Neb. Rev. Stat. § 30-24,129, with the $100,000 real-property ceiling changed by LB 1195 signed April 15, 2024. Otherwise, file with the Boyd County Court in Butte. | Sunset identifies accounts, helps organize title information, and generates an estate settlement checklist before you decide whether a court filing is needed. |
| Out-of-state adult child with a small estate | If an affidavit route is available under Neb. Rev. Stat. § 30-24,125, a trip to Butte may not be needed. If Letters are needed, mail the filing to P.O. Box 396, Butte, NE 68722, or fax it to 402-775-2211 with the uniform cover sheet under Neb. Ct. R. § 6-601 if filing without a lawyer. Call 402-360-0814 about the Tuesday split-week schedule. | Sunset gathers asset leads, drafts a packet for attorney review or filing preparation, and helps you avoid missing accounts before estate settlement begins. |
| Parent settling a predeceased child's estate, home must be sold | If a sale of real estate is needed, plan on opening the estate with the Boyd County Court. In Nebraska, a clerk magistrate may hear uncontested estate matters, but a matter involving the determination of title to real estate or authorization to sell or mortgage real estate is not heard by a clerk magistrate (Neb. Rev. Stat. § 24-519). Notice to creditors and Nebraska inheritance tax deadlines still matter (Neb. Rev. Stat. § 30-2483, § 30-2485, § 77-2004, § 77-2010). | Sunset organizes the real estate, creditor, and tax task list and connects the family with a vetted local probate attorney when a sale or title issue requires counsel. |
Self-help resources
| Resource | How it helps |
|---|---|
| Clerk of the Boyd County Court | 401 Thayer Street, Butte, NE 68722. Mail: P.O. Box 396, Butte, NE 68722. Phone 402-360-0814. Fax 402-775-2211. Email [email protected] for questions, not filings. Butte hours are Monday, Wednesday, Thursday, and Friday, 8:00 am to 4:00 pm; Tuesday contact follows the shared clerk schedule at the same phone number. Court page: https://nebraskajudicial.gov/courts/boyd-county-court. |
| Boyd County Court page | https://boydcounty.ne.gov/county-court/. The county page lists the court location, a different court contact number, office hours, and a link to the Nebraska Judicial Branch Internet Payment System, but no local probate forms. |
| Boyd County Register of Deeds | 401 Thayer Street, Butte, NE 68722. Phone 402-775-2391. Hours are 8:15 am to 4:00 pm, Monday through Friday, open through lunch. This is the office for recording a real property affidavit under Neb. Rev. Stat. § 30-24,129. |
| Nebraska Online Legal Self-Help Center | https://nebraskajudicial.gov/self-help. This is an online self-help center, not a courthouse counter. It explains filing by mail, in person, and fax under Neb. Ct. R. § 6-601, and the rule against email filings. |
| Judicial Branch estates section | https://nebraskajudicial.gov/self-help/estates and https://nebraskajudicial.gov/self-help/estates/additional-information-estates. These pages explain Nebraska estate court processes, claims, will deposit, the limited informal-probate flowchart, and affidavit routes. |
| Selected Nebraska estate forms | CC 15:40 for personal property under Neb. Rev. Stat. § 30-24,125 is at https://nebraskajudicial.gov/sites/default/files/CC-15-40.pdf. CC 15:41 for real property under Neb. Rev. Stat. § 30-24,129 is at https://nebraskajudicial.gov/sites/default/files/CC-15-41.pdf. |
| Uniform fax cover sheet | Use the statewide cover sheet when a person filing without a lawyer sends a fax filing under Neb. Ct. R. § 6-601. Form: https://nebraskajudicial.gov/sites/default/files/Ch6Art6App1.pdf. |
| Statewide case search | https://www.nebraska.gov/justice/case.cgi. The Nebraska.gov JUSTICE search gives access to statewide trial court case information. As described by the Judicial Branch in August 2026, general search lists are free, case details are $2, and frequent users can create an annual $100 Nebraska.gov subscriber account. |
| Legal Aid of Nebraska | Legal Aid of Nebraska lists the statewide AccessLine at 1.877.250.2016, with information at https://legalaidofnebraska.org/how-we-help/. It also lists ElderAccessLine at 1.800.527.7249 for people 60 and over in all Nebraska counties. Its published practice areas are family, debt, housing, and benefits rather than estate administration, and it takes no walk-ins. |
| Nebraska Free Legal Answers | https://ne.freelegalanswers.org/. Free Legal Answers is a no-cost online civil legal question clinic for qualifying users. Its published topic list does not include estates, and volunteer lawyers do not represent users in court. |
When to hire an attorney
Nebraska does not require a personal representative to hire a lawyer, and the Judicial Branch's self-help materials say the law allows you to represent yourself. The same materials say filing an estate will most often require an attorney's help, and Boyd County does not publish a local opening form for an application or petition. Limited Scope Representation information is available through https://nebraskajudicial.gov/self-help, and Legal Aid of Nebraska can be reached through 1.877.250.2016, although estate administration is not listed as one of its published practice areas. Sunset connects families with a vetted local probate attorney when counsel makes sense.
How Sunset helps
Find the accounts and assets. Sunset searches across more than 2,300 institutions to help families find bank accounts, investment accounts, insurance, employer benefits, and other assets before the Boyd County estate settlement plan is chosen.
Generate the probate packet. Sunset turns the family and asset information into an organized probate packet so you can see what belongs in the Boyd County Court filing, what may belong with the Boyd County Register of Deeds, and what still needs attorney review.
Find a local probate attorney. When the estate involves real estate, creditor disputes, inheritance tax questions, or missing forms, Sunset connects the family with a vetted local probate attorney who can advise on Nebraska county court practice.
Sunset is free for families. Families use Sunset at no cost to organize estate settlement, discover assets, and get matched with professional help when a Boyd County filing requires it.
Frequently asked questions
Where do I file probate in Boyd County?
File with the clerk of the Boyd County Court at 401 Thayer Street, Butte, NE 68722, or mail the filing to P.O. Box 396, Butte, NE 68722. 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).
Why is Tuesday different for the Boyd County Court?
The clerk magistrate serving Boyd County also serves Rock County under Neb. Rev. Stat. § 24-507. The Judicial Branch lists the Boyd County Court in Butte as open Monday, Wednesday, Thursday, and Friday, 8:00 am to 4:00 pm. On Tuesday, the shared clerk can be reached on the Rock County schedule, 8:30 am to 3:30 pm, at 402-360-0814. Do not treat Rock County as the filing place for a Boyd County estate.
Which phone number should I call for the Boyd County Court?
Start with 402-360-0814, the Judicial Branch phone number for the Boyd County Court. The county's own court page lists 402-775-2211 as its single court contact number, while the Judicial Branch lists that number as the fax. If one number does not reach the office, try the other and confirm the correct number before sending anything time-sensitive.
Can I file by fax or email in Boyd County?
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), which applies until July 1, 2028. Use the Boyd County Court fax number, 402-775-2211. Email filings are not allowed in Nebraska court cases (Neb. Ct. R. § 2-212).
Do Nebraska attorneys have to e-file Boyd County probate papers?
Yes. Nebraska attorneys must use electronic filing in Nebraska trial courts unless an exception applies (Neb. Ct. R. § 2-202). A person filing without a lawyer should confirm with the clerk before relying on any non-attorney electronic filing registration under Neb. Ct. R. § 2-216.
How much does Boyd County probate cost to file?
As of the July 1, 2026 statewide fee schedule, the informal opening counter total is $44, or $45 if testate. The statutory base is $22 for a proceeding commenced and closed informally, and formal probate is charged under the gross value schedule in Neb. Rev. Stat. § 33-125, topping out at $1,500 for estates over $5,000,000. Confirm the current amount with the clerk before filing.
Can I avoid a Boyd County probate filing with an affidavit?
Sometimes. For personal property, CC 15:40 is presented to the holder of the property under Neb. Rev. Stat. § 30-24,125, not filed with the court, and the $100,000 ceiling comes from the 2022 change signed April 18, 2022 by LB 1124. For Nebraska real property, CC 15:41 is recorded with the register of deeds under Neb. Rev. Stat. § 30-24,129, with the $100,000 ceiling from the 2024 change signed April 15, 2024 by LB 1195.
Is there a Nebraska inheritance tax in a Boyd County estate?
Yes. Nebraska has an inheritance tax, and it is a county tax: the Boyd 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.
Can I appear by phone or video for a Boyd County probate hearing?
Nebraska law allows all nonevidentiary hearings, and evidentiary hearings approved by the court with all appearing parties' stipulation, to be heard by telephone or videoconference (Neb. Rev. Stat. § 25-2704). District 8 Rule 8-2 requires court approval and a motion at least 5 days before a non-evidentiary remote hearing, or at least 3 days before a hearing that was not already set as remote.
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.