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Burt County, NE Probate Information
Quick facts
| Item | Local detail |
|---|---|
| Court | Burt County Court |
| Courthouse address | 111 N. 13th Street, Suite 9, 2nd Floor, Tekamah, NE 68061 |
| Mailing address | Burt County Court, 111 N. 13th Street, Suite 9, Tekamah, NE 68061 |
| Phone | 402-374-2950 |
| Fax | 402-374-2951 |
| [email protected], for questions only. Email filings are not allowed in Nebraska courts. | |
| Hours | 8:00 a.m. to 4:30 p.m., Monday through Friday. County courthouse offices in this building list open-through-lunch hours. |
| Filing fee | As of August 2026, $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). Confirm the current amount with the clerk of the Burt County Court before you file. |
| Local forms | Burt County does not publish a separate local probate form or local cover sheet. Use the statewide estate forms that apply and the uniform fax cover sheet for fax filing under Neb. Ct. R. § 6-601. |
| 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. Neb. Ct. R. § 2-216 provides for optional non-attorney e-filing registration; confirm with the clerk of the Burt 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 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 as of August 2026, with no extra charge for document images, and frequent users can open a Nebraska.gov subscriber account for an annual $100 as of August 2026. 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, telephonically or by videoconference in a manner that preserves an accurate record (Neb. Rev. Stat. § 25-2704). Burt County sits in the sixth county judge district. District 6 Rule 6.7 allows video and telephone appearances for nontestimonial proceedings at the county judge's sole discretion, with the request to the Bailiff or Courtroom Clerk at least 48 hours before the hearing. |
| County judge district | Sixth county judge district (Neb. Rev. Stat. § 24-503). Burt County shares a clerk magistrate with Washington County, but a Burt County estate is filed in Tekamah (Neb. Rev. Stat. § 24-507). |
| Website | Judicial Branch page: https://nebraskajudicial.gov/courts/burt-county-court. Burt County page: https://burtcountyne.gov/county-court/. |
Before you begin — know the assets and liabilities
Before you choose a probate path in Burt County, list the decedent's assets, debts, account titles, deeds, beneficiary designations, and any will. Nebraska estate settlement choices turn on what has to be transferred, whether a personal representative needs Letters, and whether the case can proceed informally through the registrar.
Sunset's 2,300-institution asset discovery helps families find accounts before they file, so the Burt County Court packet matches the estate settlement work that actually needs court authority.
Which court handles jurisdiction
Probate for Burt County is filed with the clerk of the Burt County Court at 111 N. 13th Street, Suite 9, 2nd Floor, Tekamah, NE 68061. Tekamah is the county seat, and Burt County includes Tekamah, Lyons, Oakland, Craig, and Decatur.
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, located at the county seat (Neb. Rev. Stat. § 24-502).
Burt County is in Nebraska's sixth county judge district, which is how county judges and county court local rules are assigned; the estate itself is filed at Burt County's own courthouse in Tekamah (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, any 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; 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). 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, names and addresses of heirs and devisees, asset information, creditor information, and the facts needed for the Nebraska inheritance tax. If the original will is not filed with the application, Nebraska law allows the application to state that it will be delivered to the court within ten days after filing.
- File with the clerk of the Burt County Court at 111 N. 13th Street, Suite 9, 2nd Floor, Tekamah, NE 68061. A person filing without a lawyer may file in person, by mail, or by fax to 402-374-2951 with the uniform cover sheet under Neb. Ct. R. § 6-601(B). A Nebraska attorney must use electronic filing (Neb. Ct. R. § 2-202).
- Pay the Nebraska probate filing fee. As of August 2026, an informal proceeding that is commenced and closed informally starts at $22, and formal probate uses the gross value schedule in Neb. Rev. Stat. § 33-125.
- For informal probate, wait for the 120-hour rule. The registrar may issue the written statement of informal probate only after at least 120 hours have elapsed since death (Neb. Rev. Stat. § 30-2415).
- Handle hearing and remote appearance issues if the court sets a hearing or if you filed a formal petition. Burt County follows District 6 Rule 6.7 for video or telephone appearances, and Nebraska law allows a remote hearing for all nonevidentiary hearings and for approved stipulated evidentiary hearings (Neb. Rev. Stat. § 25-2704).
- After appointment, the clerk publishes notice to creditors once a week for three successive weeks, with first publication within thirty days after appointment; the party or attorney must mail the published notice and prove the mailing (Neb. Rev. Stat. § 30-2483). Claims are generally barred unless presented within two months after the first publication when notice is given as required (Neb. Rev. Stat. § 30-2485). Give Department of Health and Human Services notice when Neb. Rev. Stat. § 30-2483 requires it.
- Obtain Letters. The court issues letters testamentary when there is a will and letters of administration when there is no will. One certified copy of letters of appointment is provided without charge in a formal probate fee case (Neb. Rev. Stat. § 33-125).
- Administer the estate. Inventory and protect assets, address claims, transfer property, and account for distributions. Nebraska is one of the few states with an inheritance tax, and it is a county tax: the Burt County Court determines it and it is paid to the county, with the tax due twelve months after the date of death (Neb. Rev. Stat. § 77-2010, § 77-2018.01). Rates and exemptions depend on the beneficiary's relationship to the decedent and whether the death was before or on or after January 1, 2023 (Neb. Rev. Stat. § 77-2004).
- Close the estate when administration is complete. If the estate qualifies for informal closing, the personal representative may use a closing statement under Neb. Rev. Stat. § 30-24,128; otherwise, follow the court's order or the procedure that applies to the case.
Forms and documents
Probate forms in Burt County
Burt County does not publish a separate local probate form or local probate cover sheet. The statewide estate forms most often relevant before or instead of a court opening are 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, and CC 15:41, Affidavit for Transfer of Real Property without Probate, revised October 2025, for the real property affidavit recorded with the register of deeds under Neb. Rev. Stat. § 30-24,129.
The uniform fax cover sheet is required as the first page of a fax filing by a person filing without a lawyer under Neb. Ct. R. § 6-601(B). The fax number for the Burt County Court is 402-374-2951.
The Judicial Branch does not publish a statewide form for the application for informal probate or the petition for formal probate that opens an estate. Its estates page at https://nebraskajudicial.gov/self-help/estates links a flowchart for informal probate filed with a will, but that nebraskajudicial.gov flowchart does not apply when there is no will, the will is contested, or the estate or distribution is contested.
Local nuance
Burt County-specific considerations
| Local point | What it means for a Burt County estate |
|---|---|
| Shared clerk magistrate | One clerk magistrate serves both the Burt County Court and the Washington County Court under Neb. Rev. Stat. § 24-507. The counties keep separate courthouses, addresses, phone numbers, and fax numbers, so a Burt County filing stays with the Burt County Court in Tekamah. |
| Open-through-lunch courthouse hours | The Burt County Court lists hours of 8:00 a.m. to 4:30 p.m., Monday through Friday. The Burt County Register of Deeds in the same courthouse also lists 8:00 a.m. to 4:30 p.m. and open-through-lunch hours, so the courthouse does not present the midday closure issue some Nebraska counties have. |
| Real property affidavit counter | The Burt County Register of Deeds is in Suite 8 on the 2nd Floor at 111 North 13th Street, Tekamah, NE 68061, with phone (402) 374-2955 x1. That is where a real property affidavit is recorded under Neb. Rev. Stat. § 30-24,129; probate itself is filed with the Burt County Court in Suite 9. |
| District 6 video and telephone rule | District 6 Rule 6.7 was approved May 27, 2026. For a remote hearing in a nontestimonial proceeding, the request goes to the Bailiff or Courtroom Clerk at least 48 hours before the hearing, and the decision is at the county judge's discretion under Neb. Rev. Stat. § 25-2704. |
Recent updates
| Change | What changed | Applies in Burt County |
|---|---|---|
| District 6 Rule 6.7 approved May 27, 2026 | The sixth county judge district adopted its Video/Telephone Appearances rule. Nontestimonial video and telephone appearances are available at the county judge's sole discretion, and the request must go to the Bailiff or Courtroom Clerk at least 48 hours before the hearing. | Yes. Burt County is in the sixth county judge district (Neb. Rev. Stat. § 24-503), and remote hearing requests also rest on Neb. Rev. Stat. § 25-2704. |
Scenarios
| Persona | Likely Burt County path | Where Sunset helps |
|---|---|---|
| Surviving spouse with co-owned home | Start with deed and account title review. If only personal property needs transfer and the statutory affidavit requirements fit, the spouse may use CC 15:40 under Neb. Rev. Stat. § 30-24,125 after thirty days, with the $100,000 ceiling raised by 2022 Neb. Laws LB 1124, signed April 18, 2022. If a Nebraska real property interest fits the separate real property affidavit route, CC 15:41 is recorded with the Burt County Register of Deeds under Neb. Rev. Stat. § 30-24,129, with the $100,000 ceiling raised by 2024 Neb. Laws LB 1195, signed April 15, 2024. If Letters are needed, file with the Burt County Court in Tekamah. | Sunset identifies accounts, flags real estate and beneficiary designations, and helps generate the estate settlement packet or connect the spouse to a local attorney. |
| Out-of-state adult child with small estate | If the affidavit route fits, the child may not need a trip to Tekamah. If Letters are needed, mail the filing to 111 N. 13th Street, Suite 9, Tekamah, NE 68061, or use fax filing to 402-374-2951 with the uniform cover sheet under Neb. Ct. R. § 6-601(B). For a hearing, District 6 Rule 6.7 requires a video or telephone request at least 48 hours ahead, subject to the county judge's discretion and Neb. Rev. Stat. § 25-2704. | Sunset organizes the asset list, helps decide whether a court filing is needed, and prepares the family for a remote appearance request when the court sets a hearing. |
| Parent settling predeceased child's estate, home must be sold | A sale usually requires court authority rather than only an affidavit path. In Nebraska, a clerk magistrate may hear noncontested estate and inheritance tax matters, but may not hear a determination of title to real estate or an authorization to sell or mortgage real estate; those matters go to a county judge (Neb. Rev. Stat. § 24-519). The Burt County Court also determines the county inheritance tax, which is due twelve months after the date of death (Neb. Rev. Stat. § 77-2010, § 77-2018.01, § 77-2004). | Sunset gathers property, mortgage, account, and debt information, then connects the family with a probate attorney when a home sale or tax determination makes the estate settlement more complex. |
Self-help resources
| Resource | How to use it |
|---|---|
| Clerk of the Burt County Court | 111 N. 13th Street, Suite 9, 2nd Floor, Tekamah, NE 68061. Phone 402-374-2950. Fax 402-374-2951. Email [email protected] for questions, not filings. Hours are 8:00 a.m. to 4:30 p.m., Monday through Friday, open through lunch. |
| Burt County Court page | Use https://nebraskajudicial.gov/courts/burt-county-court for the Judicial Branch court listing and https://burtcountyne.gov/county-court/ for Burt County's court page. |
| Burt County Register of Deeds | 111 North 13th Street, Suite 8, Tekamah, NE 68061. Phone (402) 374-2955 x1. Hours are 8:00 a.m. to 4:30 p.m., Monday through Friday, open through lunch. This is the land-records office for a real property affidavit under Neb. Rev. Stat. § 30-24,129. |
| Nebraska Online Legal Self-Help Center and estates page | Use https://nebraskajudicial.gov/self-help and https://nebraskajudicial.gov/self-help/estates for statewide self-help information, the estates section, and the nebraskajudicial.gov informal probate flowchart. |
| Affidavit forms CC 15:40 and CC 15:41 | Use CC 15:40 for Affidavit for Transfer of Personal Property without Probate under Neb. Rev. Stat. § 30-24,125 and CC 15:41 for Affidavit for Transfer of Real Property without Probate under Neb. Rev. Stat. § 30-24,129. Form PDFs are at https://nebraskajudicial.gov/sites/default/files/CC-15-40.pdf and https://nebraskajudicial.gov/sites/default/files/CC-15-41.pdf. |
| Uniform fax cover sheet | Use https://nebraskajudicial.gov/sites/default/files/Ch6Art6App1.pdf as the first page of a fax filing under Neb. Ct. R. § 6-601(B). |
| Statewide case search | Use https://www.nebraska.gov/justice/case.cgi for JUSTICE through Nebraska.gov. General searches for case lists are free, case details cost $2 as of August 2026, and frequent users can open an annual $100 subscriber account as of August 2026. |
| Legal Aid of Nebraska | Legal Aid of Nebraska at https://legalaidofnebraska.org has a statewide AccessLine at 1.877.250.2016 and an ElderAccessLine at 1.800.527.7249. Screening depends on household income, assets, and legal issue; its published practice areas are family, debt, housing, and benefits rather than estate administration, and it takes no walk-ins. |
| Nebraska Free Legal Answers | Use https://ne.freelegalanswers.org/ to ask a civil legal question by email if you qualify. Its published topic list does not include estates, and volunteers do not represent people 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 Burt County publishes no local opening form for the application or petition; the clerk can accept filings but cannot advise on legal choices. Limited Scope Representation information is available through nebraskajudicial.gov, and Legal Aid of Nebraska can be reached through 1.877.250.2016 at https://legalaidofnebraska.org, although estate administration is not a published practice area. Sunset connects to a vetted attorney.
How Sunset helps
Find the accounts and assets. Sunset searches across more than 2,300 institutions to help identify bank, brokerage, retirement, insurance, and other accounts before the Burt County estate settlement begins.
Generate the probate packet. Sunset turns the family's information into an organized estate settlement packet, including asset lists, family information, and the local filing details for the Burt County Court.
Find a local probate attorney. When the estate needs a formal petition, a home sale, an inheritance tax determination, or help with Nebraska procedure, Sunset can connect the family with a vetted probate attorney serving Burt County.
Sunset is free for families. Families can use Sunset to organize the work, understand the next filing step, and get matched with local help without paying Sunset a fee.
Frequently asked questions
Where do I file probate in Burt County?
File with the clerk of the Burt County Court at 111 N. 13th Street, Suite 9, 2nd Floor, Tekamah, NE 68061. Nebraska district courts do not hear probate; the county court has exclusive original jurisdiction over decedents' estates (Neb. Rev. Stat. § 24-517).
Do I need a lawyer for probate in Burt County?
Nebraska law allows a personal representative to proceed without a lawyer, but the Judicial Branch says filing an estate will most often require an attorney's help. Burt County does not publish a local opening form, and the clerk cannot give legal advice.
How much does it cost to file probate in Burt County?
As of August 2026, the statewide filing fee 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 schedule based on the gross value of the Nebraska estate, running to $1,500 for estates over $5,000,000 (Neb. Rev. Stat. § 33-125). Confirm the current amount with the clerk before filing.
Can I avoid probate in Burt County with an affidavit?
Possibly. For personal property, CC 15:40, Affidavit for Transfer of Personal Property without Probate, may be used under Neb. Rev. Stat. § 30-24,125 when the statutory requirements fit, including the $100,000 ceiling raised by 2022 Neb. Laws LB 1124, signed April 18, 2022. For Nebraska real property, CC 15:41, Affidavit for Transfer of Real Property without Probate, is recorded with the register of deeds under Neb. Rev. Stat. § 30-24,129, with its separate $100,000 ceiling raised by 2024 Neb. Laws LB 1195, signed April 15, 2024.
Is there a Nebraska inheritance tax, and who do I pay in Burt County?
Yes. Nebraska has an inheritance tax, and it is a county tax: the Burt County Court determines it and it is paid to the county, with the tax due twelve months after the date of death (Neb. Rev. Stat. § 77-2010, § 77-2018.01). Rates and exemptions depend on the beneficiary's relationship to the decedent and whether the death was before or on or after January 1, 2023 (Neb. Rev. Stat. § 77-2004).
Can I appear by phone or video in a Burt County probate case?
Nebraska law allows a county court to hear all nonevidentiary hearings, and certain approved stipulated evidentiary hearings, telephonically or by videoconference (Neb. Rev. Stat. § 25-2704). District 6 Rule 6.7 applies in Burt County and requires a request to the Bailiff or Courtroom Clerk at least 48 hours before the hearing; the county judge decides whether to allow it.
Can I fax or email a probate filing to the Burt County Court?
A person filing without a lawyer may use fax filing to 402-374-2951 with the uniform cover sheet under Neb. Ct. R. § 6-601(B), which every Nebraska court must accept until July 1, 2028. A Nebraska attorney must use electronic filing (Neb. Ct. R. § 2-202). Email filings are not allowed.
How do I look up a Burt County probate case?
Use the statewide JUSTICE case search through Nebraska.gov at https://www.nebraska.gov/justice/case.cgi. General searches for lists of cases are free; viewing case details costs $2 as of August 2026, and frequent users can open a Nebraska.gov subscriber account for an annual $100 as of August 2026.
What are the Burt County Court clerk's hours?
The Burt County Court lists 8:00 a.m. to 4:30 p.m., Monday through Friday. Courthouse offices in the same building list open-through-lunch hours, but call 402-374-2950 before you go if timing matters.
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.