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Brown County, NE Probate Information
Quick facts
| Item | Detail |
|---|---|
| Court | Brown County Court |
| Courthouse address | 148 West 4th Street, Ainsworth, NE 69210 |
| Mailing address | 148 West 4th Street, Ainsworth, NE 69210 |
| Phone | 402-387-2864 |
| Fax | 402-382-3374 |
| [email protected], for questions only. Email filings are not allowed in Nebraska court cases (Neb. Ct. R. § 2-212). | |
| Hours | 8:00 am to 4:30 pm, Monday through Friday. The courthouse building may keep a slightly longer general schedule, so call the clerk before you go. |
| Filing fee | $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 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. Judiciary counter totals are published on the statewide fee schedule effective July 1, 2026. Confirm the current amount with the clerk of the Brown County Court before you file (Neb. Rev. Stat. § 33-125). |
| Local forms | Brown County publishes no county-specific estate packet. Use the Nebraska Judicial Branch estate forms, the informal probate flowchart, and the uniform fax cover sheet where they fit the filing (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 until July 1, 2028, subject to the rule and fee requirements (Neb. Ct. R. § 6-601). |
| 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. A general search for a list of cases is free; viewing case details is $2 per case, 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, as listed by Nebraska.gov in August 2026. |
| 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 way that preserves an accurate court record (Neb. Rev. Stat. § 25-2704). Brown County is in the eighth county judge district, whose Rule 8-2 presumes in-person hearings and sets advance motion deadlines. |
| County judge district | Brown County is in Nebraska's eighth county judge district. The district assigns county judges and county court local rules; it does not move the Brown County filing counter from Ainsworth (Neb. Rev. Stat. § 24-503). |
| Website | https://nebraskajudicial.gov/courts/brown-county-court |
Before you begin — know the assets and liabilities
Before you choose an informal probate application, a formal probate petition, or an affidavit route, make a practical list of the decedent's assets, debts, titled property, beneficiary designations, and any real estate. Brown County estate settlement starts with the asset picture, because the correct filing depends on what needs court authority and what can transfer another way.
Sunset's asset discovery searches more than 2,300 financial institutions to help families find accounts and policies before they file. That can make the Brown County probate packet more complete and reduce the chance that a personal representative has to return to court for a later asset.
Which court handles jurisdiction
Probate for Brown County is filed with the clerk of the Brown County Court at 148 West 4th Street, Ainsworth, NE 69210. The filing office is the clerk of the Brown County Court, an office held by a clerk magistrate (Neb. Rev. Stat. § 24-507).
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 each county, and Brown County's county court sits at the courthouse in Ainsworth (Neb. Rev. Stat. § 24-502).
Brown County is in Nebraska's eighth county judge district. A county judge district assigns county judges and local county court rules; it does not change where a Brown County estate is filed (Neb. Rev. Stat. § 24-503). Venue for the first informal or formal testacy or appointment proceeding is the county where the decedent had domicile at death, or, for a non-Nebraska domiciliary, a county where the decedent had property (Neb. Rev. Stat. § 30-2410).
The jurisdiction process
- Choose the opening track. For informal probate, prepare an application to the registrar. 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 Brown County Court (Neb. Rev. Stat. § 30-2216). For formal probate, prepare 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, debt information, and the proposed personal representative's contact information. Informal probate cannot issue until at least 120 hours have passed since death (Neb. Rev. Stat. § 30-2415).
- File at the Brown County Court, 148 West 4th Street, Ainsworth, NE 69210. 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 to 402-382-3374 with the uniform cover sheet, subject to prepayment of statutory fees, until July 1, 2028 (Neb. Ct. R. § 6-601).
- Pay the probate filing fee. The base fee is $22 for a probate proceeding commenced and closed informally, and formal probate fees are based on the gross value of the Nebraska estate at death under the statewide schedule. Judiciary counter totals are published on the statewide fee schedule effective July 1, 2026, and the statute controls the base probate fee (Neb. Rev. Stat. § 33-125).
- Watch for the court's response. In an informal proceeding, the registrar may issue the written statement of informal probate or appointment if the statutory findings are met, or may decline the application without making a final adjudication. In a formal proceeding, the county judge handles the petition after notice.
- After appointment, the clerk publishes notice to creditors once a week for three successive weeks in a newspaper of general circulation in the county, with first publication within thirty days after appointment (Neb. Rev. Stat. § 30-2483). Creditor claims covered by that notice are barred unless presented within two months after the date of first publication, subject to the statute's limited extension procedure (Neb. Rev. Stat. § 30-2485).
- Give Department of Health and Human Services notice when the decedent was fifty-five or older or resided in a medical institution, because a notice that does not follow the statute is void (Neb. Rev. Stat. § 30-2483).
- Use the Letters issued by the court to collect assets, open or manage estate accounts, handle claims, and prepare the inventory. One certified copy of letters of appointment is included without charge when formal probate fees are charged (Neb. Rev. Stat. § 33-125).
- Address the Nebraska inheritance tax. The Brown County Court determines the inheritance tax and it is paid to the county; the tax is due twelve months after the date of death, and 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. § 77-2010, § 77-2018.01, § 77-2004).
- If a hearing is set and you want a remote hearing or to appear remotely, follow Nebraska law and eighth county judge district Rule 8-2. The local rule generally requires advance motion practice, including 5 days for a nonevidentiary remote request, 3 days to request remote participation in a hearing already set in person, and 7 days for a documentary-only evidentiary request, with PDF exhibits served 2 business days before the hearing (Neb. Rev. Stat. § 25-2704).
- Distribute property only after authority, claims, taxes, and required notices are handled. When administration is complete, use the applicable Nebraska closing procedure, including a closing statement where the Nebraska Probate Code allows it (Neb. Rev. Stat. § 30-24,128).
Forms and documents
Probate forms in Brown County
Brown County does not publish a county-specific estate packet for the Brown County Court. Nebraska provides some statewide estate forms, but not a fill-in application for every informal estate or a fill-in petition for every formal estate. If the estate needs a custom application, petition, order, or notice, those documents usually need to be drafted for the facts of the estate.
| Form or resource | Use |
|---|---|
| CC 15:40, Affidavit for Transfer of Personal Property without Probate | Used for the personal property affidavit route when the statutory conditions fit, including the $100,000 ceiling in effect since 2022 under 2022 Neb. Laws LB 1124, signed April 18, 2022 (Neb. Rev. Stat. § 30-24,125). |
| CC 15:41, Affidavit for Transfer of Real Property without Probate | Used for the real property affidavit route when the statutory conditions fit, including the separate $100,000 ceiling in effect since 2024 under 2024 Neb. Laws LB 1195, signed April 15, 2024. The affidavit is recorded with the register of deeds in the county where the land is located (Neb. Rev. Stat. § 30-24,129; Neb. Rev. Stat. § 30-24,125). |
| Uniform fax cover sheet | Required as the first page when a non-attorney files a court document by fax under Nebraska's fax filing rule, which every Nebraska court must accept until July 1, 2028, unless the Supreme Court changes the rule (Neb. Ct. R. § 6-601). |
| Flowchart for Informal Probate Filed with a Will (Testate) | A Nebraska Judicial Branch guide for an uncontested informal probate with a will. It does not cover a no-will estate, a contested will, or a contested distribution, and an informal application still goes to the registrar under the Nebraska Probate Code (Neb. Rev. Stat. § 30-2216; nebraskajudicial.gov). |
Timeline
- Remote hearing requests in the eighth county judge district start from Nebraska's statewide remote appearance statute, which permits nonevidentiary hearings and approved stipulated evidentiary hearings by telephone or videoconference when the court preserves an accurate record (Neb. Rev. Stat. § 25-2704).
- For a nonevidentiary hearing, District 8 Rule 8-2 generally requires a motion, notice, and proposed order at least 5 days before the hearing, with certifications about consent and evidence (Neb. Rev. Stat. § 25-2704).
- To appear remotely at a hearing already scheduled as in person, District 8 Rule 8-2 generally requires a motion at least 3 days before the hearing, with the required certification (Neb. Rev. Stat. § 25-2704).
- For a documentary-only evidentiary hearing, District 8 Rule 8-2 generally requires a motion at least 7 days before the hearing and PDF exhibits to the court reporter and all parties at least 2 business days before the hearing (Neb. Rev. Stat. § 25-2704).
Local nuance
Brown County-specific considerations
| Local point | What it means for a Brown County filing |
|---|---|
| Use the county court listing for court hours | The Brown County Court hours are 8:00 am to 4:30 pm, Monday through Friday. The courthouse building may keep a general schedule until 5:00 pm, so call 402-387-2864 before relying on the later building time. |
| Brown County's government website does not maintain a separate county court page | The county website points residents to county offices, but Brown County Court contact details for estate filings are on the Nebraska Judicial Branch Brown County Court page. Use the court's Ainsworth address, phone, fax, email, and hours listed on that page. |
| District 8 remote hearing deadlines apply | Brown County follows the eighth county judge district's local remote hearing rule. The rule presumes in-person hearings and sets 5-day, 3-day, and 7-day request deadlines depending on the type of remote hearing request (Neb. Rev. Stat. § 25-2704). |
Recent updates
| Date | Update |
|---|---|
| April 16, 2025 | The eighth county judge district amended Rule 8-2 on remote hearings. Brown County probate hearings remain subject to Nebraska's statewide remote appearance statute and the district's local request deadlines (Neb. Rev. Stat. § 25-2704). |
Scenarios
| Scenario | Likely Brown County path | Where Sunset helps |
|---|---|---|
| Surviving spouse w/ co-owned home | Start by checking how the home is titled and which assets actually need Brown County Court authority. If court authority is needed, file the estate in the Brown County Court in Ainsworth, and remember that the Nebraska inheritance tax is determined by the county court and paid to the county (Neb. Rev. Stat. § 77-2004, § 77-2010, § 77-2018.01). | Sunset helps identify accounts, insurance, and debts so the spouse can see whether a court filing is needed for estate settlement. |
| Out-of-state adult child w/ small estate | If the estate fits the personal property affidavit route, use CC 15:40 and present it to the holder of the property rather than to the court. The personal property ceiling is $100,000, raised by 2022 Neb. Laws LB 1124, signed April 18, 2022 (Neb. Rev. Stat. § 30-24,125). If Nebraska real property must transfer and the statutory conditions fit, CC 15:41 is recorded with the register of deeds where the land is located (Neb. Rev. Stat. § 30-24,129; Neb. Rev. Stat. § 30-24,125). | Sunset organizes the asset list and can generate affidavit or probate packet materials when the facts fit Nebraska law. |
| Parent settling predeceased child's estate, home must be sold | A sale of real estate can require county judge involvement. In Nebraska, a clerk magistrate may hear some uncontested estate matters, but not an authorization to sell or mortgage real estate (Neb. Rev. Stat. § 24-519; Neb. Rev. Stat. § 24-507). File the needed petition or application with the Brown County Court in Ainsworth. | Sunset helps prepare the estate settlement overview and connects the family with a local probate attorney when a home sale or court order is needed. |
Self-help resources
| Resource | How to use it |
|---|---|
| Clerk of the Brown County Court | 148 West 4th Street, Ainsworth, NE 69210. Phone 402-387-2864. Fax 402-382-3374. Email [email protected] for questions only, not filings. Hours are 8:00 am to 4:30 pm, Monday through Friday. |
| Nebraska Online Legal Self-Help Center | The virtual self-help site at https://nebraskajudicial.gov/self-help explains court filing basics, including fax filing with a cover sheet and the rule that email filings are not allowed (Neb. Ct. R. § 6-601; Neb. Ct. R. § 2-212). |
| Nebraska Judicial Branch estates section | The estates pages at https://nebraskajudicial.gov/self-help/estates and https://nebraskajudicial.gov/self-help/estates/additional-information-estates explain estate processes, the Affidavit for Transfer of Personal Property without Probate, and the Affidavit for Transfer of Real Property without Probate (Neb. Rev. Stat. § 30-24,125; Neb. Rev. Stat. § 30-24,129). |
| Statewide forms and fax cover sheet | Use the Nebraska Judicial Branch forms page for CC 15:40, CC 15:41, other CC 15 estate forms, and the uniform fax cover sheet required for non-attorney fax filing until July 1, 2028 (Neb. Ct. R. § 6-601). |
| Nebraska.gov case search | Search statewide trial court case information through https://www.nebraska.gov/justice/case.cgi. General search lists are free; details are $2 per case and a frequent-user subscriber account is an annual $100, as listed by Nebraska.gov in August 2026. |
| Legal Aid of Nebraska | Statewide AccessLine 1.877.250.2016, Monday and Wednesday 8:30 am to 11:30 am and Tuesday and Thursday 1:00 pm to 3:00 pm Central, and ElderAccessLine 1.800.527.7249 for people 60 and over in all 93 counties. Screening is by household income, assets, and legal issue; published practice areas focus on family, debt, housing, and benefits rather than estate administration, and in-person intake is not offered. See legalaidofnebraska.org. |
| Nebraska Free Legal Answers | At https://ne.freelegalanswers.org/, qualifying users may post a civil legal question for a Nebraska-licensed volunteer attorney. Its topic list does not include estates, and volunteers cannot represent anyone in court. |
| Limited Scope Representation | The Nebraska Judicial Branch self-help site at nebraskajudicial.gov describes Limited Scope Representation, which can let a family hire a lawyer for only part of a case. |
When to hire an attorney
Nebraska does not require every personal representative to hire a lawyer, and the Judicial Branch says the law allows self-representation. The same materials say filing an estate will most often require an attorney's help and that the Self-Help Center cannot supply forms for every situation. In Brown County, a lawyer makes particular sense when the will is contested, real estate must be sold, the Nebraska inheritance tax is complicated, creditors object, or the family needs a formal probate petition with notice. Sunset connects families to a vetted attorney.
How Sunset helps
Find the accounts and assets. Sunset searches more than 2,300 financial institutions and helps organize the estate settlement inventory before you file in Brown County Court.
Generate the probate packet. Sunset turns the family and asset information into a cleaner starting packet for an informal probate application, formal probate petition, or affidavit route when Nebraska law fits.
Find a local probate attorney. When a Brown County estate needs court strategy, a real estate sale order, contested formal probate, or inheritance tax guidance, Sunset connects the family with a vetted local probate attorney.
Sunset is free for families. Families can use Sunset to understand the estate settlement path, find assets, and get matched with probate help without paying Sunset a fee.
Frequently asked questions
Where do I file probate in Brown County, Nebraska?
File with the clerk of the Brown County Court at 148 West 4th Street, Ainsworth, NE 69210. 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 decedents' estates (Neb. Rev. Stat. § 24-517).
Do I need a lawyer for a Brown County probate?
Nebraska law allows self-representation, but the Judicial Branch says filing an estate will most often require an attorney's help because estates differ by property, debts, family, and will status. Limited Scope Representation information is available through nebraskajudicial.gov, and Sunset can connect you with a vetted attorney.
How much does it cost to open probate in Brown County?
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. Formal probate uses a statewide schedule based on the gross value of the Nebraska estate at death, up to $1,500 for estates over $5,000,000. Judiciary counter totals are published on the statewide fee schedule effective July 1, 2026, and the statute controls the base probate fee (Neb. Rev. Stat. § 33-125).
Can I avoid probate in Brown County with an affidavit?
Sometimes. The Affidavit for Transfer of Personal Property without Probate, CC 15:40, is presented to the holder of personal property when the statutory conditions fit, including the $100,000 ceiling in effect since 2022 under 2022 Neb. Laws LB 1124, signed April 18, 2022 (Neb. Rev. Stat. § 30-24,125). A separate real property affidavit, CC 15:41, may be recorded with the register of deeds where the Nebraska land is located when its own conditions fit (Neb. Rev. Stat. § 30-24,129; Neb. Rev. Stat. § 30-24,125).
Is there a Nebraska inheritance tax in a Brown County estate?
Yes. Nebraska is one of the few states with an inheritance tax, and it is a county tax: the Brown 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 on 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 Brown County Court?
A person filing without a lawyer may file in person, by mail, or by fax to 402-382-3374 with the uniform cover sheet until July 1, 2028, subject to prepayment of statutory fees (Neb. Ct. R. § 6-601). A Nebraska attorney must use electronic filing (Neb. Ct. R. § 2-202). Email filings are not allowed in Nebraska court cases (Neb. Ct. R. § 2-212).
Can I appear by phone or video for a Brown 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 in a way that preserves an accurate record (Neb. Rev. Stat. § 25-2704). Brown County is in the eighth county judge district, where Rule 8-2 generally requires advance motions for remote hearing requests.
How do I look up a Brown County probate case?
Use the statewide Nebraska.gov trial court case search at https://www.nebraska.gov/justice/case.cgi, which runs on JUSTICE. A general search list is free; viewing details is $2 per case, with no extra charge for document images, and frequent users may use an annual $100 subscriber account, as listed by Nebraska.gov in August 2026.
What are the Brown County Court clerk's hours?
The Brown County Court clerk's hours are 8:00 am to 4:30 pm, Monday through Friday. The courthouse building may keep a slightly longer general schedule, so call 402-387-2864 before you go.
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.