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Cass County, NE Probate Information
Quick facts
| Item | Cass County details |
|---|---|
| Court | Cass County Court |
| Courthouse address | 346 Main Street, Room 201, Plattsmouth, NE 68048 |
| Mailing address | Use 346 Main Street, Room 201, Plattsmouth, NE 68048 unless the clerk gives different mailing instructions. |
| Phone | 402-296-9334 |
| Fax | 402-296-9545 |
| [email protected] for questions, not filings. Email filings are not allowed in Nebraska courts (Neb. Ct. R. § 2-212). | |
| Hours | Published county hours are 8:00 am to 4:30 pm, Monday through Friday. Call 402-296-9334 before traveling. |
| 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 under the statewide schedule effective July 1, 2026 (Neb. Rev. Stat. § 33-125). Confirm the current amount with the clerk of the Cass County Court before you file. |
| Local forms | Cass County does not publish a county probate packet of its own. The county directs readers to the Nebraska Judicial Branch Self-Help Center and statewide forms. |
| E-filing | A Nebraska attorney must use electronic filing (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 uniform cover sheet under Neb. Ct. R. § 6-601(B), which every Nebraska court must accept until July 1, 2028. Optional non-attorney electronic filing registration depends on Neb. Ct. R. § 2-216 and should be confirmed with the clerk. |
| Case search | Statewide trial court case search is 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 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 available at any courthouse kiosk or law library without the online detail charge. |
| 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). Cass County is in the second county judge district, whose remote hearing rule presumes in-person proceedings and requires a motion to appear remotely by video conferencing at least three business days before the hearing. |
| County judge district | Second county judge district: Cass, Otoe and Sarpy (Neb. Rev. Stat. § 24-503). |
| Website | Cass County Court: https://nebraskajudicial.gov/courts/cass-county-court. Cass County court page: https://casscountyne.gov/county-court. |
Before you begin — know the assets and liabilities
Before you file in Cass County, make a working list of the decedent's assets, debts, accounts, real estate, vehicles, and likely creditors. The right Nebraska path depends on what must be transferred, whether a will exists, whether anyone objects, and whether the estate can use an affidavit route instead of a court appointment.
Sunset's estate settlement platform helps families search more than 2,300 financial institutions for accounts and assets, then organizes what is needed for the Cass County filing packet or for an attorney review.
Which court handles jurisdiction
Probate for Cass County is filed with the clerk of the Cass County Court at 346 Main Street, Room 201, Plattsmouth, NE 68048. 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).
Cass County sits in Nebraska's second county judge district with Otoe and Sarpy. A county judge district assigns county judges and local county court rules; it does not move a Cass County estate filing out of Plattsmouth (Neb. Rev. Stat. § 24-503). Cass County Court serves Plattsmouth and communities including Louisville, Weeping Water, Elmwood, Murray, and Union.
Venue for the first informal or formal testacy or appointment proceeding is the county where the decedent had domicile at death, or, for a decedent not domiciled in Nebraska, any county where the decedent had property at death (Neb. Rev. Stat. § 30-2410).
The jurisdiction process
- Choose the Nebraska track. An informal probate starts with an application to the registrar, while formal probate starts with 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, family and beneficiary information, creditor information, and an asset list. Informal probate cannot issue until at least 120 hours have elapsed since death (Neb. Rev. Stat. § 30-2415).
- File with the clerk of the Cass County Court at 346 Main Street, Room 201, Plattsmouth, NE 68048. A person filing without a lawyer may file in person, by mail, or by fax to 402-296-9545 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 Nebraska county court filing fee. Informal probate that is commenced and closed informally is $22, with another $22 for each later petition or application in an informal proceeding; formal probate uses the statewide gross value schedule from $22 to $1,500, reflected in the schedule effective July 1, 2026 (Neb. Rev. Stat. § 33-125).
- If the court sets a hearing, plan for an in-person appearance unless the county judge grants a remote request. Under the second county judge district's remote hearing rule and Neb. Rev. Stat. § 25-2704, a motion to appear remotely by video conferencing must be filed at least three business days before the hearing; if the judge denies the motion or does not rule before the hearing, appear in person.
- After appointment, the clerk publishes notice to creditors once a week for three successive weeks, with first publication within thirty days after appointment, and the party or attorney must mail the published notice and prove mailing (Neb. Rev. Stat. § 30-2483). Claims covered by that notice are generally barred unless presented within two months after the date of first publication (Neb. Rev. Stat. § 30-2485).
- Give required Department of Health and Human Services notice if the decedent was fifty-five or older or resided in a medical institution, because a notice that does not follow the statutory requirements is void (Neb. Rev. Stat. § 30-2483).
- Receive letters testamentary if there is a will or letters of administration if there is no will. The court provides one certified copy of letters of appointment without charge under the statewide probate fee statute (Neb. Rev. Stat. § 33-125).
- Administer the estate, inventory and protect assets, handle creditor claims, address Nebraska inheritance tax, distribute property, and close the case. Nebraska inheritance tax is determined in county court and is due twelve months after the date of death (Neb. Rev. Stat. § 77-2010, § 77-2018.01, § 77-2004). A personal representative may close with a closing statement when the Nebraska Probate Code permits it (Neb. Rev. Stat. § 30-24,128).
Forms and documents
Probate forms in Cass County
Cass County does not publish a county probate packet of its own. Its county court page directs readers to the Nebraska Judicial Branch Self-Help Center for forms and additional help.
| Form or resource | Use in Cass County |
|---|---|
| CC 15:40, Affidavit for Transfer of Personal Property without Probate | Used for the personal property affidavit route when the requirements of Neb. Rev. Stat. § 30-24,125 are met. The statewide form is revised July 2022. |
| CC 15:41, Affidavit for Transfer of Real Property without Probate | Used for the real property affidavit route under Neb. Rev. Stat. § 30-24,129. It is recorded with the register of deeds in the county where the land is located, not filed as a probate opening document with the county court. The statewide form is revised October 2025. |
| Uniform fax cover sheet | Required as the first page when a person filing without a lawyer sends a filing by fax under Neb. Ct. R. § 6-601(B). Cass County Court's fax number is 402-296-9545. |
| Informal probate flowchart | The Nebraska Judicial Branch estates page provides a flowchart for informal probate filed with a will, but the flowchart does not apply where there is no will, the will is contested, or the estate or asset distribution is contested. |
| Application or petition to open an estate | The Nebraska Judicial Branch does not publish a statewide application or petition form that starts an estate. The clerk of the Cass County Court cannot create the filing for you or give legal advice. |
Local nuance
Cass County-specific considerations
| Local point | Why it matters |
|---|---|
| Published hours end at 4:30 pm | Cass County's published court hours are 8:00 am to 4:30 pm, Monday through Friday. Call 402-296-9334 before traveling, especially if you need to file at the counter near closing time. |
| Second county judge district remote hearing rule | Cass County follows the second county judge district's county court remote hearing rule. Proceedings are presumed in person, and a motion to appear remotely by video conferencing must be filed at least three business days before the hearing. The judge decides case by case, and if no ruling has been entered before the hearing, the moving person should appear in person (Neb. Rev. Stat. § 25-2704). |
Recent updates
Scenarios
| Archetype | Likely Cass County path | Where Sunset helps |
|---|---|---|
| Surviving spouse w/ co-owned home | Start by identifying how the home is titled and what non-real-estate assets exist. If a court appointment is needed, file the informal application or formal petition with the clerk of the Cass County Court in Plattsmouth. Nebraska inheritance tax still needs review because rates and exemptions depend on the beneficiary's relationship and date of death (Neb. Rev. Stat. § 77-2004). | Sunset helps collect asset information, organize account records, and prepare the estate settlement packet for attorney or court review. |
| Out-of-state adult child w/ small estate | If only personal property must be collected, the Affidavit for Transfer of Personal Property without Probate may be presented to the property holder when the requirements of Neb. Rev. Stat. § 30-24,125 are met. If real property is involved, the Affidavit for Transfer of Real Property without Probate is a separate register of deeds route under Neb. Rev. Stat. § 30-24,129. If Cass County Court opens a case and sets a hearing, the second county judge district requires a motion at least three business days before the hearing to request remote appearance by video conferencing (Neb. Rev. Stat. § 25-2704). | Sunset helps identify accounts before deciding whether an affidavit route is enough, and can connect the family with a Nebraska probate attorney if a filing is needed. |
| Parent settling predeceased child's estate, home must be sold | A sale of real estate usually calls for attorney review and may require formal probate if authority or title issues must be resolved after notice. File the needed petition with the Cass County Court, address creditor notice, handle the Nebraska inheritance tax determination in county court, and obtain Letters before signing estate sale documents. | Sunset organizes asset discovery, creditor information, and court-ready documents so the parent and attorney can move the estate settlement forward. |
Self-help resources
| Resource | How to use it |
|---|---|
| Clerk of the Cass County Court | 346 Main Street, Room 201, Plattsmouth, NE 68048. Phone 402-296-9334. Fax 402-296-9545. Email [email protected] for questions, not filings. Published hours are 8:00 am to 4:30 pm, Monday through Friday. Court page: https://nebraskajudicial.gov/courts/cass-county-court. |
| Cass County Court page | https://casscountyne.gov/county-court. The county page gives local court contact information and points readers to the Nebraska Judicial Branch Self-Help Center for forms and additional help. |
| Nebraska Online Legal Self-Help Center | https://nebraskajudicial.gov/self-help and https://nebraskajudicial.gov/self-help/estates. The virtual self-help center includes estates information, filing guidance, and the warning that court employees cannot give legal advice. |
| Additional Information: Estates | https://nebraskajudicial.gov/self-help/estates/additional-information-estates. This page explains that Nebraska law allows self-representation but that filing an estate will most often require an attorney's help. |
| Master Forms List | https://nebraskajudicial.gov/forms. Use it for CC 15:40 under Neb. Rev. Stat. § 30-24,125, CC 15:41 under Neb. Rev. Stat. § 30-24,129, and other statewide estate forms. |
| Uniform fax cover sheet | Use the statewide fax cover sheet for fax filing by a person without a lawyer under Neb. Ct. R. § 6-601(B), which applies until July 1, 2028. |
| Statewide case search | https://www.nebraska.gov/justice/case.cgi. Nebraska.gov provides JUSTICE trial court case search. General lists are free, case details are $2 per case, and frequent users can open an annual $100 subscriber account through Nebraska.gov. |
| Legal Aid of Nebraska | Statewide AccessLine 1.877.250.2016, Monday and Wednesday 8:30 am to 11:30 am, Tuesday and Thursday 1:00 pm to 3:00 pm Central. ElderAccessLine 1.800.527.7249 for people 60 and over in all 93 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. See https://legalaidofnebraska.org/how-we-help/. |
| Nebraska Free Legal Answers | https://ne.freelegalanswers.org/. Free Legal Answers is a virtual civil legal advice clinic for qualifying users. Its published topic list does not include estates, and volunteer lawyers cannot represent anyone in court. |
| Limited Scope Representation | https://nebraskajudicial.gov/self-help. Limited Scope Representation can let a person hire a lawyer for part of a case instead of full representation. |
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 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 makes sense when the family disagrees, a home must be sold, creditor claims are unclear, inheritance tax questions are present, or you need a formal petition after notice. Sunset connects families in Cass County to a vetted attorney.
How Sunset helps
Find the accounts and assets. Sunset searches more than 2,300 financial institutions and helps families build a clearer inventory before choosing a Cass County estate settlement path.
Generate the probate packet. Sunset organizes the information needed for the Cass County Court filing, including asset details, family information, and documents an attorney or self-represented filer can review.
Find a local probate attorney. When the estate needs formal probate, a real estate sale, inheritance tax planning, or a disputed issue, Sunset can connect the family with a vetted Nebraska probate attorney.
Sunset is free for families. Families can use Sunset's estate settlement tools without paying Sunset, and decide whether they want attorney help after the assets and next steps are clearer.
Frequently asked questions
Where do I file probate in Cass County?
File with the clerk of the Cass County Court at 346 Main Street, Room 201, Plattsmouth, NE 68048. Probate belongs in the county court because Nebraska county courts have exclusive original jurisdiction over decedents' estates (Neb. Rev. Stat. § 24-517).
What are the Cass County Court hours?
Published county hours are 8:00 am to 4:30 pm, Monday through Friday. Call 402-296-9334 before traveling or before sending a time-sensitive filing.
Can I file by fax or email in Cass County?
A person filing without a lawyer may file in person, by mail, or by fax to 402-296-9545 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 in Nebraska courts (Neb. Ct. R. § 2-212).
Can I appear by phone or video for a Cass County probate hearing?
Nebraska law allows certain county court hearings by telephone or videoconference under Neb. Rev. Stat. § 25-2704. In Cass County, the second county judge district's remote hearing rule presumes in-person proceedings. To ask to appear remotely by video conferencing, file a motion at least three business days before the hearing; if the judge denies the motion or does not rule before the hearing, appear in person.
How much does probate cost in Cass County?
The county court fee is statewide, not county-set. A probate proceeding commenced and closed informally is $22, with another $22 for each subsequent petition or application in an informal proceeding. Formal probate uses a gross value schedule that runs from $22 to $1,500 under the statewide schedule effective July 1, 2026 (Neb. Rev. Stat. § 33-125). Confirm the amount with the clerk before filing.
Can I avoid probate with an affidavit in Cass County?
Possibly. The Affidavit for Transfer of Personal Property without Probate is a non-court route for personal property when the requirements of Neb. Rev. Stat. § 30-24,125 are met. The Affidavit for Transfer of Real Property without Probate is a separate real property route recorded with the register of deeds under Neb. Rev. Stat. § 30-24,129. If a court appointment has been granted or is pending, or if the transfer does not fit those statutes, ask a Nebraska probate attorney before relying on an affidavit.
Does Cass County publish its own probate forms?
Cass County does not publish a county probate packet. Its county court page points readers to the Nebraska Judicial Branch Self-Help Center. The statewide estate forms include CC 15:40 for the personal property affidavit under Neb. Rev. Stat. § 30-24,125 and CC 15:41 for the real property affidavit under Neb. Rev. Stat. § 30-24,129, but Nebraska does not provide a statewide application or petition form that starts every estate case.
How do I look up a Cass County probate case?
Use Nebraska.gov's statewide trial court search at https://www.nebraska.gov/justice/case.cgi. It searches JUSTICE case information. General case lists are free, viewing a case's details is $2 per case, document images carry no extra charge after that, and frequent users can open a Nebraska.gov subscriber account for an annual $100.
Is there a Nebraska inheritance tax in a Cass County estate?
Yes. Nebraska inheritance tax is a county tax: the Cass 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).
Do I need a lawyer for probate in Cass County?
Nebraska law allows self-representation, but the Judicial Branch states that filing an estate will most often require an attorney's help. A lawyer is especially useful for formal probate after notice, real estate sales, inheritance tax issues, creditor disputes, or family disagreement.
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.