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Cherry County, NE Probate Information
Quick facts
| Item | Cherry County information |
|---|---|
| Court | Cherry County Court |
| Courthouse address | 365 North Main Street, Suite 12, Valentine, NE 69201 |
| Mailing address | Use the courthouse address: 365 North Main Street, Suite 12, Valentine, NE 69201 |
| Phone | 402-376-2590 |
| Fax | 402-376-5942. A person filing without a lawyer may use fax filing with the uniform cover sheet under Neb. Ct. R. § 6-601(B), which every Nebraska court must accept until July 1, 2028. |
| [email protected], for questions, not filings. Email filings are not allowed in Nebraska courts under Neb. Ct. R. § 2-212. | |
| Hours | The Nebraska Judicial Branch listing gives 8:00 am to 12:00 pm and 12:30 pm to 4:30 pm, Monday through Friday. Cherry County's County Court page gives 8:00 am to 12:00 pm and 1:00 pm to 4:30 pm, Monday through Friday. Both list a midday closure, so call 402-376-2590 before traveling around lunch. |
| Filing fee | As of the Nebraska court fee schedule effective July 1, 2026, the base statute sets $22 for a probate proceeding commenced and closed informally, with another $22 for each later petition or application in an informal proceeding. 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 counter total with the clerk of the Cherry County Court before you file. |
| Local forms | Cherry County does not publish a local decedent-estate packet. Use the Nebraska Judicial Branch estate forms and the uniform fax cover sheet where they apply. |
| 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). Neb. Ct. R. § 2-216 addresses optional non-attorney registration, so confirm with the clerk before relying on that route. |
| Case search | Statewide trial court case search runs through Nebraska.gov on the Judicial Branch's JUSTICE case management system: https://www.nebraska.gov/justice/case.cgi. A general search for a list of cases has no charge; 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 available at no charge at a courthouse kiosk or law library. |
| Remote appearance | Nebraska law allows the 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 record (Neb. Rev. Stat. § 25-2704). Cherry County is in the eighth county judge district, whose Rule 8-2 adds request deadlines and court-approval requirements. |
| County judge district | Nebraska's eighth county judge district (Neb. Rev. Stat. § 24-503) |
| Website | https://nebraskajudicial.gov/courts/cherry-county-court and https://cherrycountyne.gov/county-court/ |
Before you begin — know the assets and liabilities
Before you choose a filing path in Cherry County, list the assets, debts, account titles, beneficiary designations, and any real estate. Nebraska probate turns on what property needs legal authority to move, whether a will exists, whether anyone is contesting the will or appointment, and whether the Nebraska inheritance tax must be determined as part of the estate settlement.
Sunset's estate settlement process starts by helping families find accounts and assets across more than 2,300 financial institutions, then organizes what was found so the Cherry County Court filing, affidavit route, or attorney handoff is based on the actual estate rather than guesswork.
Which court handles jurisdiction
Probate for Cherry County is filed with the clerk of the Cherry County Court at 365 North Main Street, Suite 12, Valentine, NE 69201. Valentine is the county seat, and the county's public community list includes Valentine, Cody, Merriman, Crookston, Kilgore, Wood Lake, and Nenzel.
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 and for each county, located at the county seat (Neb. Rev. Stat. § 24-502).
Cherry County sits in Nebraska's eighth county judge district. That district assigns county judges and county court local rules; it does not move a Cherry County filing to another county (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, if the decedent was not domiciled in Nebraska, any county where the decedent's property was located. Later proceedings stay where the first proceeding occurred (Neb. Rev. Stat. § 30-2410).
The jurisdiction process
- Choose the opening track. Informal probate starts with an application to the registrar, while formal probate starts with 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 Cherry County Court (Neb. Rev. Stat. § 30-2216).
- Gather the certified death certificate, the original will if there is one, a list of heirs and devisees, asset information, debts, and any facts needed for the inheritance tax determination. If no court case is needed, the Affidavit for Transfer of Personal Property without Probate, form CC 15:40, may apply to personal property within the $100,000 ceiling, raised by 2022 Neb. Laws LB 1124, signed April 18, 2022, and handled under Neb. Rev. Stat. § 30-24,125.
- File the application or petition with the clerk of the Cherry County Court at 365 North Main Street, Suite 12, Valentine, NE 69201. A Nebraska attorney must file electronically (Neb. Ct. R. § 2-202). A person filing without a lawyer may file in person, by mail to the same address, or by fax to 402-376-5942 with the uniform cover sheet under Neb. Ct. R. § 6-601(B), which every Nebraska court must accept until July 1, 2028.
- Pay the filing fee set by Neb. Rev. Stat. § 33-125. As of the Nebraska court fee schedule effective July 1, 2026, the statute sets a $22 base for a proceeding commenced and closed informally, while formal probate uses a gross value schedule.
- For informal probate, wait for the statutory timing rule. 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).
- After appointment, the clerk publishes notice to creditors once a week for three successive weeks, with first publication within thirty days after appointment. Creditor claims are barred two months after the first publication when notice is given as required (Neb. Rev. Stat. § 30-2483, § 30-2485). Give Department of Health and Human Services notice when Neb. Rev. Stat. § 30-2483 requires it.
- Obtain letters testamentary or letters of administration. The court issues Letters, and one certified copy of letters of appointment is provided without charge under Neb. Rev. Stat. § 33-125(2).
- Administer the estate. File the inventory, collect assets, handle claims, and address the Nebraska inheritance tax. In Cherry County, the Cherry County Court determines the inheritance tax, and it is due twelve months after the date of death (Neb. Rev. Stat. § 77-2010, § 77-2018.01, § 77-2004).
- If a hearing is set and a remote hearing is needed, request it under Neb. Rev. Stat. § 25-2704 and the eighth county judge district's Rule 8-2. A nonevidentiary remote request generally needs a motion at least 5 days before the hearing certifying consent and no evidence, while a documentary-evidence request generally needs 7 days' notice and PDF exhibits at least 2 business days before the hearing.
- Distribute property when authorized, complete any tax and creditor steps, and close the estate with a closing statement when the Nebraska Probate Code permits it (Neb. Rev. Stat. § 30-24,128).
Forms and documents
Probate forms in Cherry County
Nebraska has a partial statewide estate form set, not a complete packet for opening every decedent's estate. Cherry County does not publish a local probate form packet or local cover sheet for decedent estates.
| Form or resource | Use in Cherry County |
|---|---|
| CC 15:40, Affidavit for Transfer of Personal Property without Probate | Used for personal property under Neb. Rev. Stat. § 30-24,125 when the statutory conditions are met. The $100,000 ceiling was raised by 2022 Neb. Laws LB 1124, signed April 18, 2022. |
| CC 15:41, Affidavit for Transfer of Real Property without Probate | Used for real property under Neb. Rev. Stat. § 30-24,129 when the statutory conditions are met. The separate $100,000 ceiling for the real-property route was raised by 2024 Neb. Laws LB 1195, signed April 15, 2024. The affidavit is recorded with the Cherry County Register of Deeds, not filed as a court probate case. |
| Uniform fax cover sheet | Required as the first page when a person filing without a lawyer uses fax filing under Neb. Ct. R. § 6-601(B), available until July 1, 2028. The Cherry County Court fax number is 402-376-5942. |
| Informal-probate flowchart | The Nebraska Judicial Branch publishes a flowchart for informal probate filed with a will through nebraskajudicial.gov. It is for testate, uncontested informal matters and does not cover no-will, contested-will, or contested-distribution situations. |
| Opening application or petition | The Nebraska Judicial Branch does not provide a one-size form for the application or petition that opens a decedent's estate. The clerk receives filings and keeps the court file, but cannot draft the papers for you. |
Local nuance
Cherry County-specific considerations
| Local point | What it means for a Cherry County estate |
|---|---|
| Midday closure | The Nebraska Judicial Branch listing gives a 12:30 pm reopening after lunch, while Cherry County's County Court page gives a 1:00 pm reopening. Both give an 8:00 am opening, 12:00 pm lunch closure, and 4:30 pm end of day. Call 402-376-2590 before traveling around midday. |
| Shared clerk magistrate | The clerk of the Cherry County Court is an office held by a clerk magistrate, and the same clerk magistrate also serves Blaine County Court (Neb. Rev. Stat. § 24-507). That does not create a shared courthouse. A Cherry County estate is filed at the Cherry County Court in Valentine. |
| Real-property affidavit location | The Cherry County Register of Deeds is in the same building at 365 North Main Street, Suite 5, Valentine, NE 69201, with phone 402-376-2771. That is the office for recording the Affidavit for Transfer of Real Property without Probate under Neb. Rev. Stat. § 30-24,129. |
| Remote-hearing rule | Cherry County is in the eighth county judge district, and Rule 8-2 sets deadlines for remote hearing requests on top of Neb. Rev. Stat. § 25-2704. Ask the clerk how the judge wants the request presented in your case. |
Recent updates
Page last reviewed: August 2026.
Scenarios
| Scenario | Likely Cherry County path | Where Sunset helps |
|---|---|---|
| Surviving spouse with a co-owned home | Start by checking how the deed and accounts are titled. Personal property within the $100,000 ceiling, raised by 2022 Neb. Laws LB 1124, signed April 18, 2022, may be handled with CC 15:40 under Neb. Rev. Stat. § 30-24,125 if the statutory conditions are met. Real property has a separate affidavit route under Neb. Rev. Stat. § 30-24,129, using CC 15:41 and recording with the Cherry County Register of Deeds. | Sunset helps identify accounts, title information, and beneficiary designations before the family decides whether an affidavit, court filing, or attorney review is needed. |
| Out-of-state adult child with an affidavit-eligible estate | If the estate needs Letters, file with the Cherry County Court by mail to 365 North Main Street, Suite 12, Valentine, NE 69201, or by fax to 402-376-5942 with the uniform cover sheet if filing without a lawyer under Neb. Ct. R. § 6-601(B), available until July 1, 2028. If a hearing is set, request a remote hearing under Neb. Rev. Stat. § 25-2704 and the eighth county judge district's Rule 8-2. | Sunset can assemble the asset list, organize the probate packet, and help coordinate with a local lawyer so travel is limited to what the court requires. |
| Parent settling a predeceased child's estate, home must be sold | A sale of real estate generally means opening an estate in the Cherry County Court. A clerk magistrate may handle some noncontested estate and inheritance tax matters, but an authorization to sell or mortgage real estate is for a county judge (Neb. Rev. Stat. § 24-519). The clerk publishes notice to creditors, and claims are barred two months after first publication when notice is given as required (Neb. Rev. Stat. § 30-2483, § 30-2485). | Sunset helps collect account and property information, generates a clean handoff packet, and connects the family with a vetted attorney for the real-estate sale and court authority. |
Self-help resources
| Resource | How it helps |
|---|---|
| Clerk of the Cherry County Court | 365 North Main Street, Suite 12, Valentine, NE 69201. Phone 402-376-2590. Fax 402-376-5942. Email [email protected] for questions, not filings. Call before going near midday because public court listings differ on the reopening time. |
| Cherry County Register of Deeds | 365 North Main Street, Suite 5, Valentine, NE 69201. Phone 402-376-2771. This is where the Affidavit for Transfer of Real Property without Probate is recorded under Neb. Rev. Stat. § 30-24,129. |
| Nebraska Online Legal Self-Help Center | https://nebraskajudicial.gov/self-help. Includes court self-help information, fax filing mechanics, the no-email-filing rule, and the uniform cover sheet under Neb. Ct. R. § 6-601(B), available until July 1, 2028. |
| Estates section and additional estate information | https://nebraskajudicial.gov/self-help/estates and https://nebraskajudicial.gov/self-help/estates/additional-information-estates. These pages describe estate processes, the two affidavit routes, and the Judicial Branch statement that filing an estate will most often require an attorney although the law allows self-representation. |
| Affidavit forms CC 15:40 and CC 15:41 | CC 15:40 is for personal property under Neb. Rev. Stat. § 30-24,125. CC 15:41 is for real property under Neb. Rev. Stat. § 30-24,129 and is recorded with the register of deeds. |
| Statewide case search | https://www.nebraska.gov/justice/case.cgi. The Nebraska.gov JUSTICE search lists trial court cases. General list searches have no charge; case-detail viewing is $2, and frequent users can open a Nebraska.gov subscriber account for an annual $100. |
| Legal Aid of Nebraska | https://legalaidofnebraska.org/. 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, and ElderAccessLine 1.800.527.7249 for people 60 and over in all 93 counties. Screening depends on household income, assets, and legal issue; estate administration is not among the listed practice areas, and the organization takes no walk-ins. |
| Nebraska Free Legal Answers | https://ne.freelegalanswers.org/. A free virtual clinic for a civil legal question answered by a Nebraska-licensed volunteer attorney by email. Estates are not on the listed topic menu, and volunteers cannot represent anyone in court. |
When to hire an attorney
Nebraska does not require a personal representative to hire a lawyer, and the Judicial Branch's estate materials say the law allows self-representation. The same materials say filing an estate will most often require an attorney's help, and the Self-Help Center cannot provide papers for every situation. In Cherry County, a lawyer is especially useful if the estate involves a contested appointment, unclear title, a home sale, inheritance tax issues, or a remote-hearing request under Rule 8-2. Limited Scope Representation information is available through nebraskajudicial.gov, and Sunset connects families to a vetted local probate attorney.
How Sunset helps
Find the accounts and assets. Sunset searches across more than 2,300 financial institutions to help identify accounts, policies, and other assets that may belong in the estate settlement.
Generate the probate packet. Sunset organizes the information needed for the Cherry County Court filing, including asset details, family information, and documents a personal representative or attorney can use to prepare the application or petition.
Find a local probate attorney. When the estate needs legal judgment, a home sale, formal probate with notice, or help with Nebraska inheritance tax, Sunset connects families with a vetted attorney familiar with Nebraska county court practice.
Sunset is free for families. Families can use Sunset to understand the estate settlement path, gather documents, and decide what to do next without paying Sunset a fee.
Frequently asked questions
Where do I file probate in Cherry County?
File with the clerk of the Cherry County Court at 365 North Main Street, Suite 12, Valentine, NE 69201. 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).
What are the Cherry County Court hours?
The Nebraska Judicial Branch listing gives 8:00 am to 12:00 pm and 12:30 pm to 4:30 pm, Monday through Friday. Cherry County's County Court page gives 8:00 am to 12:00 pm and 1:00 pm to 4:30 pm, Monday through Friday. Both show a midday closure, so call 402-376-2590 before traveling around lunch.
Can I file by fax or email in Cherry County?
A person filing without a lawyer may file by fax to 402-376-5942 with the uniform cover sheet under Neb. Ct. R. § 6-601(B), which every Nebraska court must accept until July 1, 2028. Email filings are not allowed under Neb. Ct. R. § 2-212, although the clerk's email may be used for questions.
Does Cherry County require e-filing?
A Nebraska attorney must use electronic filing under Neb. Ct. R. § 2-202. A person filing without a lawyer is not required to e-file and may use in-person, mail, or fax filing. Neb. Ct. R. § 2-216 addresses optional non-attorney registration, so ask the clerk before relying on that option.
How much does probate cost in Cherry County?
As of the Nebraska court fee schedule effective July 1, 2026, Neb. Rev. Stat. § 33-125 sets a $22 base for a proceeding commenced and closed informally, with another $22 for each later petition or application in an informal proceeding. Formal probate uses a gross value schedule under Neb. Rev. Stat. § 33-125, running from $22 for estates of $1,000 or less to $1,500 for estates over $5,000,000. Ask the clerk for the current counter total before filing.
Can I avoid a Cherry County probate filing with an affidavit?
Sometimes. The Affidavit for Transfer of Personal Property without Probate, CC 15:40, applies to personal property under Neb. Rev. Stat. § 30-24,125 when the statutory conditions are met, including the $100,000 ceiling raised by 2022 Neb. Laws LB 1124, signed April 18, 2022. The Affidavit for Transfer of Real Property without Probate, CC 15:41, is a separate route under Neb. Rev. Stat. § 30-24,129, with a separate $100,000 ceiling raised by 2024 Neb. Laws LB 1195, signed April 15, 2024, and it is recorded with the Cherry County Register of Deeds.
Can I appear by phone or video for a Cherry County probate hearing?
Nebraska law allows all nonevidentiary county court 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). Cherry County is in the eighth county judge district, and Rule 8-2 requires court approval and advance motions for remote hearing requests.
How do I look up a Cherry County probate case?
Use the Nebraska.gov JUSTICE trial court search at https://www.nebraska.gov/justice/case.cgi. General list searches have no charge; viewing case details costs $2, and frequent users can open a Nebraska.gov subscriber account for an annual $100. Courthouse kiosks and law libraries provide the same case information at no charge.
Is there a Nebraska inheritance tax in Cherry County?
Yes. Nebraska has an inheritance tax, and it is a county tax: the Cherry 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 to travel to Valentine to start the estate?
Not always. A person filing without a lawyer may mail papers to the Cherry County Court or use fax filing with the uniform cover sheet under Neb. Ct. R. § 6-601(B), available until July 1, 2028. If a hearing is set, ask about a remote hearing under Neb. Rev. Stat. § 25-2704 and the eighth county judge district's Rule 8-2.
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.