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Butler County, NE Probate Information
Quick facts
| Item | Butler County detail |
|---|---|
| Court | Butler County Court |
| Courthouse address | 451 North 5th Street, David City, NE 68632 |
| Mailing address | 451 North 5th Street, David City, NE 68632 |
| Phone | 402-367-7480 |
| Fax | 402-367-7483 |
| [email protected], for questions, not filings | |
| Hours | 8:30 am to 12:30 pm and 1:00 pm to 5:00 pm, Monday through Friday, with a midday closure |
| Filing fee | As of the statewide fee schedule effective July 1, 2026, $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 Butler County Court before you file. |
| Local forms | Butler County does not publish a local probate packet. Use the Nebraska Judicial Branch estates resources, the CC 15:40 and CC 15:41 affidavit forms, and the uniform fax filing cover sheet where they apply (Neb. Rev. Stat. § 30-24,125; Neb. Rev. Stat. § 30-24,129; 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), accepted until July 1, 2028. Email filings are not allowed (Neb. Ct. R. § 2-212). Confirm any optional non-attorney registration under Neb. Ct. R. § 2-216 with the clerk before relying on it. |
| Case search | Statewide trial court case search through Nebraska.gov, using the Judicial Branch's JUSTICE case management system: https://www.nebraska.gov/justice/case.cgi. As of August 2026, a general list search has no charge; viewing a case's details costs $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 has no charge at any courthouse kiosk or law library. |
| Remote appearance | Nebraska law allows a county court to hear nonevidentiary hearings, and approved evidentiary hearings with all appearing parties' stipulation, by telephone or videoconference (Neb. Rev. Stat. § 25-2704). Butler County is in Nebraska's fifth county judge district, whose Remote Hearings rule approved in February 2023 requires a filed request at least 48 hours before the hearing and contact with the court at least 24 hours before for instructions. |
| County judge district | Fifth county judge district (Neb. Rev. Stat. § 24-503) |
| Website | https://nebraskajudicial.gov/courts/butler-county-court and https://butlercountyne.gov/county-court/ |
Before you begin — know the assets and liabilities
Before you choose a filing path in Butler County, make a complete list of the decedent's assets, debts, account titles, beneficiaries, and real estate interests. Nebraska estate settlement can move very differently depending on whether the family needs Letters, whether an affidavit route fits, and whether a home must be sold.
Sunset's asset discovery searches more than 2,300 institutions to help families find accounts and property before they file. That inventory work helps you decide whether the Butler County Court, the register of deeds, a financial institution, or a lawyer is the next practical step in the estate settlement.
Which court handles jurisdiction
Probate for Butler County is filed with the clerk of the Butler County Court at 451 North 5th Street in David City, the county seat. Mail for a filing goes to the same address.
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 at the county seat (Neb. Rev. Stat. § 24-502).
Butler County sits in Nebraska's fifth county judge district. A county judge district assigns county judges and local county court rules; it does not move the filing counter out of Butler County (Neb. Rev. Stat. § 24-503).
Venue for the first informal or formal 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's property was located (Neb. Rev. Stat. § 30-2410).
The jurisdiction process
- Choose the track. An informal probate uses an application to the registrar; a 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 Butler County Court (Neb. Rev. Stat. § 30-2216).
- Gather the certified death certificate, the original will if there is one, asset information, creditor information, family contact information, and any facts needed for the Nebraska inheritance tax determination (Neb. Rev. Stat. § 77-2004).
- File with the clerk of the Butler County Court at 451 North 5th Street, David City, NE 68632. If you file in person, plan around the 12:30 pm to 1:00 pm midday closure. If you file without a lawyer, you may use mail to the same address or fax to 402-367-7483 with the uniform cover sheet under Neb. Ct. R. § 6-601(B). A Nebraska attorney must use electronic filing (Neb. Ct. R. § 2-202). Email filings are not allowed (Neb. Ct. R. § 2-212).
- Pay the filing fee. As of the statewide fee schedule effective July 1, 2026, the statutory base is $22 for a probate proceeding commenced and closed informally, and formal probate uses the gross-value schedule in Neb. Rev. Stat. § 33-125.
- For informal probate, wait for the statutory time floor. The registrar may issue the written statement of informal probate only if at least 120 hours have elapsed since death (Neb. Rev. Stat. § 30-2415).
- Handle notice after appointment. The clerk publishes notice to creditors once a week for three successive weeks, with first publication within 30 days after appointment, and the party or attorney must mail the notice and prove mailing; claims are barred two months after first publication if notice is given properly (Neb. Rev. Stat. § 30-2483; Neb. Rev. Stat. § 30-2485). Give Department of Health and Human Services notice when required by Neb. Rev. Stat. § 30-2483.
- Receive Letters. Nebraska uses letters testamentary for 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 under Neb. Rev. Stat. § 33-125(2).
- Prepare the inventory, manage estate property, address creditor claims, and ask the Butler County Court to determine Nebraska inheritance tax. The tax is due twelve months after the date of death and is paid to the county (Neb. Rev. Stat. § 77-2010; Neb. Rev. Stat. § 77-2018.01; Neb. Rev. Stat. § 77-2004).
- If a hearing is set and you want to appear remotely, file the fifth county judge district remote-hearing request at least 48 hours before the hearing and contact the court at least 24 hours before for instructions. Nebraska's remote-hearing statute is Neb. Rev. Stat. § 25-2704.
- Distribute property only when the estate is ready, complete any court-required steps, and close the estate with the appropriate closing statement under Neb. Rev. Stat. § 30-24,128.
Forms and documents
Probate forms in Butler County
Butler County does not publish a local probate packet, local probate checklist, or local fee sheet. Its local court page points families back to statewide Nebraska Judicial Branch resources.
Nebraska does publish two affidavit forms that may avoid opening a court estate when the statutory conditions fit. CC 15:40, Affidavit for Transfer of Personal Property without Probate, applies to personal property under Neb. Rev. Stat. § 30-24,125 and was revised July 2022. CC 15:41, Affidavit for Transfer of Real Property without Probate, applies to real property under Neb. Rev. Stat. § 30-24,129 and was revised October 2025.
The real property affidavit is recorded with the Butler County register of deeds, not filed with the Butler County Court (Neb. Rev. Stat. § 30-24,129). The register of deeds phone number is 402-367-7430.
The uniform fax filing cover sheet is required as the first page when a person without a lawyer files by fax under Neb. Ct. R. § 6-601(B). The Judicial Branch also provides an informal-probate flowchart for a testate, uncontested estate; it does not apply when there is no will, when the will is contested, or when the estate or asset distribution is contested.
The Nebraska Judicial Branch does not provide a statewide application or petition form to open every estate, and the clerk of the Butler County Court cannot draft one for you. Use the statewide estates resources at https://nebraskajudicial.gov/self-help/estates and confirm filing logistics with the clerk before sending documents.
Local nuance
Butler County-specific considerations
| Local point | Why it matters |
|---|---|
| Midday closure | The Butler County Court counter hours are 8:30 am to 12:30 pm and 1:00 pm to 5:00 pm, Monday through Friday. Plan in-person filing around the 12:30 pm to 1:00 pm closure. |
| Register of deeds phone | The real property affidavit under Neb. Rev. Stat. § 30-24,129 is recorded with the Butler County register of deeds, whose phone number is 402-367-7430, not with the court. |
| No local probate packet | Butler County points families to statewide Judicial Branch self-help and payment resources. For an estate opening, expect to prepare an application or petition rather than rely on a local packet. |
Recent updates
Scenarios
| Scenario | Likely Butler County path | Where Sunset helps |
|---|---|---|
| Surviving spouse with a co-owned home | Start by checking the deed and account titles. If personal property is within the $100,000 ceiling and the other statutory conditions fit, the Affidavit for Transfer of Personal Property without Probate, CC 15:40, is presented to the holder under Neb. Rev. Stat. § 30-24,125. If the decedent's Nebraska real property interest is within the separate $100,000 ceiling, the CC 15:41 real property affidavit is recorded with the Butler County register of deeds under Neb. Rev. Stat. § 30-24,129. If Letters are needed, file with the Butler County Court. | Sunset helps identify accounts, confirm what is jointly owned or beneficiary-designated, and organize the estate settlement packet before the family chooses a court or affidavit route. |
| Out-of-state adult child with a small estate | If 30 days have passed and personal property fits Neb. Rev. Stat. § 30-24,125, the affidavit goes to the holder of the property rather than to the court. If Letters are needed, file by mail to 451 North 5th Street, David City, NE 68632, or by fax to 402-367-7483 with the cover sheet required by Neb. Ct. R. § 6-601(B). If a hearing is set, ask about the fifth county judge district remote-hearing request under Neb. Rev. Stat. § 25-2704. | Sunset can collect asset information, help prepare questions for the clerk, and connect the family to a vetted Nebraska probate attorney if the filing should be handled locally. |
| Parent settling predeceased child's estate, home must be sold | A sale usually requires opening the estate in the Butler County Court. In Nebraska, a clerk magistrate may handle some noncontested estate matters, but authorization to sell or mortgage real estate is not handled by a clerk magistrate (Neb. Rev. Stat. § 24-507; Neb. Rev. Stat. § 24-519). Creditor notice and the two-month claim bar matter before distribution (Neb. Rev. Stat. § 30-2483; Neb. Rev. Stat. § 30-2485), and Nebraska inheritance tax is determined by the Butler County Court (Neb. Rev. Stat. § 77-2004; Neb. Rev. Stat. § 77-2010). | Sunset helps assemble the asset list, find missing accounts, and introduce the parent to counsel for sale authority, tax timing, and closing statement questions in the estate settlement. |
Self-help resources
| Resource | How it helps |
|---|---|
| Clerk of the Butler County Court | 451 North 5th Street, David City, NE 68632. Phone 402-367-7480. Fax 402-367-7483. Email [email protected] for questions, not filings. Hours are 8:30 am to 12:30 pm and 1:00 pm to 5:00 pm, Monday through Friday. Court page: https://nebraskajudicial.gov/courts/butler-county-court |
| Butler County register of deeds | Phone 402-367-7430. This is the land-recording office for a qualifying Affidavit for Transfer of Real Property without Probate under Neb. Rev. Stat. § 30-24,129. |
| Butler County Court local page | https://butlercountyne.gov/county-court/. Local contact page for the county court, with hours, contact information, and links to statewide Judicial Branch resources. |
| Nebraska Online Legal Self-Help Center | https://nebraskajudicial.gov/self-help. Explains filing without a lawyer, fax filing mechanics under Neb. Ct. R. § 6-601, the cover sheet, and the no-email-filing rule. |
| Nebraska Judicial Branch estates section | https://nebraskajudicial.gov/self-help/estates and https://nebraskajudicial.gov/self-help/estates/additional-information-estates. Includes estate self-help information, the affidavit routes, and the Judicial Branch statement that the law allows self-representation. |
| Affidavit forms | CC 15:40, Affidavit for Transfer of Personal Property without Probate, for Neb. Rev. Stat. § 30-24,125, and CC 15:41, Affidavit for Transfer of Real Property without Probate, for Neb. Rev. Stat. § 30-24,129, are available through the Nebraska Judicial Branch forms site. |
| Statewide case search | https://www.nebraska.gov/justice/case.cgi. Nebraska.gov access to JUSTICE trial court case information. As of August 2026, a general list search has no charge, case details cost $2, and a subscriber account has an annual $100 charge. |
| Legal Aid of Nebraska | Statewide AccessLine 1.877.250.2016 through legalaidofnebraska.org, and ElderAccessLine 1.800.527.7249 for people 60 and over. Screening depends on household income, assets, and legal issue; estate administration is not among its listed practice areas, and the organization takes no walk-ins. |
| Nebraska Free Legal Answers | https://ne.freelegalanswers.org/. A free email civil legal advice clinic for qualifying users; estates are not on its listed topic list, and volunteers do not represent users in court. |
| Limited Scope Representation | The Nebraska Judicial Branch explains Limited Scope Representation at https://nebraskajudicial.gov/self-help as a way to hire a lawyer for part of a case rather than every task. |
When to hire an attorney
Nebraska does not require a personal representative to hire a lawyer, and the Judicial Branch's estates materials say the law allows self-representation. The same materials say filing an estate will most often require an attorney's help because every estate differs, and that the Self-Help Center cannot supply forms for every situation. In Butler County, a lawyer is especially useful when the family needs a custom application or petition, a house sale, creditor disputes, inheritance tax analysis under Neb. Rev. Stat. § 77-2004, or a remote-hearing request under Neb. Rev. Stat. § 25-2704. Limited Scope Representation through nebraskajudicial.gov may be a middle option, and Legal Aid of Nebraska can be reached at 1.877.250.2016 for screening even though estate administration is not one of its listed practice areas. Sunset connects families to a vetted local probate attorney.
How Sunset helps
Find the accounts and assets. Sunset searches more than 2,300 institutions to help families identify accounts, insurance, benefits, and other property before they choose a Butler County estate settlement path.
Generate the probate packet. Sunset organizes the family information, asset list, debts, and document checklist so the personal representative can review a cleaner packet with counsel or use it when preparing court filings.
Find a local probate attorney. When the estate needs formal probate, a home sale, inheritance tax work under Neb. Rev. Stat. § 77-2004, or a custom filing, Sunset can connect the family with a vetted Nebraska probate attorney.
Sunset is free for families. Families can use Sunset to organize estate settlement tasks, understand the local filing path, and decide what to do next without paying Sunset a fee.
Frequently asked questions
Where do I file probate in Butler County, Nebraska?
File with the clerk of the Butler County Court at 451 North 5th Street, David City, NE 68632. Nebraska district courts do not hear probate; the county court has exclusive original jurisdiction over decedents' estates, subject to the Probate Code exceptions (Neb. Rev. Stat. § 24-517).
What are the Butler County Court clerk hours?
The Butler County Court is open 8:30 am to 12:30 pm and 1:00 pm to 5:00 pm, Monday through Friday. The midday closure matters if you plan to file in person.
Do I need a lawyer for probate in Butler County?
Nebraska law allows self-representation, but the Judicial Branch says filing an estate will most often require an attorney's help and that the Self-Help Center cannot supply forms for every situation. Butler County does not publish a local probate packet, so talk with a lawyer if the application or petition is not straightforward.
How much does probate cost in Butler County?
As of the statewide fee schedule effective July 1, 2026, a probate proceeding commenced and closed informally has a $22 statutory base fee, and each later petition or application in an informal proceeding is another $22. Formal probate uses the gross-value schedule in Neb. Rev. Stat. § 33-125, from $22 for a Nebraska estate of $1,000 or less to $1,500 for more than $5,000,000. Confirm the amount and payment method with the clerk before filing.
Can I avoid opening a Butler County Court estate with an affidavit?
Sometimes. For personal property, the claiming successor may use CC 15:40, Affidavit for Transfer of Personal Property without Probate, when 30 days have passed and the $100,000 personal-property ceiling and other requirements are met (Neb. Rev. Stat. § 30-24,125). For qualifying real property, CC 15:41 is recorded with the Butler County register of deeds under Neb. Rev. Stat. § 30-24,129, which has its own $100,000 ceiling and valuation rule.
Can I file by fax or email in Butler County Court?
A person filing without a lawyer may file by fax to 402-367-7483 with the uniform cover sheet as the first page under Neb. Ct. R. § 6-601(B), accepted until July 1, 2028. A Nebraska attorney must use electronic filing under Neb. Ct. R. § 2-202. Email filings are not allowed under Neb. Ct. R. § 2-212, so the clerk's email is for questions rather than filings.
Can I appear by phone or video for a Butler County probate hearing?
Nebraska law allows nonevidentiary county court hearings, and approved evidentiary hearings with all appearing parties' stipulation, to be held by telephone or videoconference (Neb. Rev. Stat. § 25-2704). Butler County is in the fifth county judge district, whose Remote Hearings rule puts remote participation at the judge's discretion, requires a filed request at least 48 hours before the hearing, and requires contact with the court at least 24 hours before for instructions.
How do I look up a Butler County probate case?
Use Nebraska.gov's JUSTICE case search at https://www.nebraska.gov/justice/case.cgi. As of August 2026, a general list search has no charge, viewing case details costs $2, and a Nebraska.gov subscriber account has an annual $100 charge. The same case information has no charge at a courthouse kiosk or law library.
Is there a Nebraska inheritance tax in Butler County probate?
Yes. Nebraska inheritance tax is paid to the county: the Butler County Court determines it, and it is due twelve months after the date of death (Neb. Rev. Stat. § 77-2010; Neb. Rev. Stat. § 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).
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.