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Clay County, NE Probate Information
Quick facts
| Item | Clay County detail |
|---|---|
| Court | Clay County Court |
| Courthouse address | 111 West Fairfield Street, Clay Center, NE 68933 |
| Mailing address | Use 111 West Fairfield Street, Clay Center, NE 68933. Call the clerk before mailing if you need a separate P.O. box. |
| Phone | 402-762-3651 |
| Fax | 402-762-3250. A person filing without a lawyer may use fax filing with the uniform cover sheet under Neb. Ct. R. § 6-601(B), accepted until July 1, 2028. |
| [email protected], for questions, not filings. Email messages are not accepted as case filings under Neb. Ct. R. § 2-212. | |
| Hours | 8:00 a.m. to 4:00 p.m., Monday through Friday. Regular court days are Tuesdays of each month. |
| Filing fee | As of July 1, 2026, $22 for a probate proceeding commenced and closed informally, another $22 for each later petition or application in an informal proceeding, and a formal probate charged on a schedule from $22 to $1,500 keyed to the gross value of the Nebraska estate at death (Neb. Rev. Stat. § 33-125). The Judicial Branch's July 1, 2026 schedule lists the counter total for informal probate at $44, or $45 testate. Confirm the current amount with the clerk of the Clay County Court before filing. |
| Local forms | No Clay County probate packet or local cover sheet was found. Use the Nebraska statewide estate forms that fit your situation, including CC 15:40 under Neb. Rev. Stat. § 30-24,125, CC 15:41 under Neb. Rev. Stat. § 30-24,129, and the fax cover sheet required by Neb. Ct. R. § 6-601(B). |
| E-filing | A Nebraska attorney must use electronic filing in Nebraska trial courts (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). Ask the clerk before relying on optional non-attorney registration under Neb. Ct. R. § 2-216. |
| Case search | Statewide trial court case search is through Nebraska.gov on JUSTICE at https://www.nebraska.gov/justice/case.cgi. A general search for a list of cases is free; viewing case details costs $2, with no extra charge for document images. 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. |
| Remote appearance | Nebraska law allows a county court to hear all nonevidentiary hearings, and any evidentiary hearing the court approves with the stipulation of all appearing parties, by telephone or videoconference (Neb. Rev. Stat. § 25-2704). Clay County is in the tenth county judge district, whose rule requires contacting the clerk magistrate at least 5 days before the hearing to request remote technology. |
| County judge district | Tenth county judge district (Neb. Rev. Stat. § 24-503). |
| Website | https://nebraskajudicial.gov/courts/clay-county-court and https://claycounty.ne.gov/county-court/ |
Before you begin — know the assets and liabilities
Before you choose a Clay County probate path, list the assets, debts, beneficiaries, and title documents. Nebraska separates an informal application to the registrar from a formal petition to the court, and the right choice often depends on whether anyone disputes the will, the heirs, the debts, or the authority of the proposed personal representative.
Estate settlement also starts with finding what the decedent owned. Sunset's 2,300-institution asset discovery can help identify bank, investment, retirement, insurance, and loan relationships before you prepare a Clay County filing or decide whether an affidavit route is enough.
Which court handles jurisdiction
Probate for Clay County is filed with the clerk of the Clay County Court at 111 West Fairfield Street in Clay Center. The clerk of the Clay County Court is an office held by a clerk magistrate in Clay County (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). Clay County sits in Nebraska's tenth county judge district, which is how county judges and county court local rules are assigned; the case itself is filed at this county's own courthouse (Neb. Rev. Stat. § 24-502, § 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 had property at death (Neb. Rev. Stat. § 30-2410). For Clay County families, that means the Clay Center courthouse serves Clay Center and other communities in Clay County when Nebraska venue points to Clay County.
The jurisdiction process
- Choose the opening track. Informal probate uses an application to the registrar, while formal probate uses 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 Clay County Court (Neb. Rev. Stat. § 30-2216).
- Gather the death certificate, the original will if there is one, a list of interested persons, an asset and debt list, and any title documents needed for estate settlement. If the matter is informal, the registrar may not issue the written statement of informal probate until at least 120 hours have elapsed since death (Neb. Rev. Stat. § 30-2415).
- File with the clerk of the Clay County Court at 111 West Fairfield Street, Clay Center, NE 68933. 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 402-762-3250 with the uniform cover sheet required by Neb. Ct. R. § 6-601(B), accepted until July 1, 2028.
- Pay the filing fee. As of July 1, 2026, the base fee is $22 for a probate proceeding commenced and closed informally, with formal probate fees running from $22 to $1,500 based on the gross value of the Nebraska estate at death (Neb. Rev. Stat. § 33-125). Confirm the current counter amount with the clerk before filing.
- Handle hearing logistics if the court sets a hearing or if a formal matter requires one. Clay County regular court days are Tuesdays of each month. Under Nebraska law, nonevidentiary hearings, and evidentiary hearings the court approves with the stipulation of all appearing parties, may be heard by telephone or videoconference (Neb. Rev. Stat. § 25-2704). District 10's local rule requires contacting the clerk magistrate at least 5 days before the hearing for remote-technology instructions.
- After appointment, the clerk publishes notice to creditors once a week for three successive weeks, with first publication within thirty days after appointment. Claims are barred if not presented within two months after the date of first publication, subject to the statute's procedure for additional time (Neb. Rev. Stat. § 30-2483, § 30-2485).
- Give any required Department of Health and Human Services notice if the decedent was 55 or older or resided in a medical institution. A notice that does not follow the statutory manner is void (Neb. Rev. Stat. § 30-2483).
- Use the Letters after the court issues them. Nebraska uses letters testamentary for a will and letters of administration when there is no will; the court provides one certified copy of letters of appointment without charge in formal matters under the fee statute (Neb. Rev. Stat. § 33-125).
- Administer the estate: inventory assets, address creditor claims, sell or transfer property only as authorized, and complete the Nebraska inheritance tax process. Nebraska inheritance tax is determined by the Clay County Court and is due twelve months after the date of death (Neb. Rev. Stat. § 77-2010, § 77-2018.01, § 77-2004).
- Distribute remaining assets and close the estate. If the estate is ready to close, use the Nebraska Probate Code closing statement procedure that applies to the estate (Neb. Rev. Stat. § 30-24,128).
Forms and documents
Probate forms in Clay County
Clay County does not publish a local probate packet or local probate cover sheet. Its county court page points families to statewide Judicial Branch resources rather than Clay-only estate forms.
| Form or resource | How it is used in Clay County |
|---|---|
| CC 15:40, Affidavit for Transfer of Personal Property without Probate | Used for qualifying personal property under Neb. Rev. Stat. § 30-24,125. The $100,000 ceiling for personal property 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 qualifying Nebraska real property interests under Neb. Rev. Stat. § 30-24,129. The $100,000 real-property ceiling was raised by 2024 Neb. Laws LB 1195, signed April 15, 2024. In Clay County, this affidavit is recorded with the Clay County Register of Deeds, not filed as a county court probate case. |
| Uniform fax cover sheet | Required as the first page of a fax filing by a person filing without a lawyer under Neb. Ct. R. § 6-601(B), accepted until July 1, 2028. |
| Informal probate flowchart | The Nebraska Judicial Branch provides a nebraskajudicial.gov flowchart for informal probate filed with a will. It does not cover no-will, contested-will, contested-estate, or contested-distribution situations. |
| Opening application or petition | The statewide forms list includes estate affidavits and related estate forms, but it does not provide a fillable template for the application that starts informal probate, the petition that starts formal probate, Letters, or an inventory. Clay County has not published its own version. |
Local nuance
Clay County-specific considerations
| Local point | Why it matters |
|---|---|
| Regular court days are Tuesdays of each month | The Clay County court page lists office hours of 8:00 a.m. to 4:00 p.m., Monday through Friday, and regular court days on Tuesdays of each month. This is scheduling context, not a promise that your probate hearing will be set on a particular Tuesday. |
| Remote technology has District 10 steps | Clay County is in the tenth county judge district. Under Neb. Rev. Stat. § 25-2704 and the District 10 local rule, contact the clerk magistrate at least 5 days before the hearing for remote-technology instructions, and provide exhibits at least 48 hours before the hearing. |
| The Register of Deeds is in the same building | The Clay County Register of Deeds is at 111 W Fairfield St, Clay Center, NE 68933, phone 402-762-3463. A real-property affidavit under Neb. Rev. Stat. § 30-24,129 is recorded with the register of deeds, not with the county court. |
| Clerk magistrate authority has limits | In Nebraska, a clerk magistrate may hear and determine noncontested estate and inheritance tax matters, but not the construction of a will or trust, the determination of title to real estate, or authorization to sell or mortgage real estate (Neb. Rev. Stat. § 24-519). |
Recent updates
Scenarios
| Situation | Likely Clay County path | Where Sunset helps |
|---|---|---|
| Surviving spouse w/ co-owned home | Start with the deed and account titles. If personal property qualifies under Neb. Rev. Stat. § 30-24,125, CC 15:40 may be presented to the holder after the statutory waiting period, with the $100,000 ceiling raised by 2022 Neb. Laws LB 1124, signed April 18, 2022. If a Nebraska real-property interest qualifies under Neb. Rev. Stat. § 30-24,129, CC 15:41 is recorded with the Clay County Register of Deeds, with the $100,000 ceiling raised by 2024 Neb. Laws LB 1195, signed April 15, 2024. If Letters are needed, file in the Clay County Court. | Sunset helps identify accounts, review titles, organize the estate settlement task list, and prepare a Clay County probate packet when a court case is needed. |
| Out-of-state adult child w/ small estate | If only qualifying personal property needs collection, the affidavit route under Neb. Rev. Stat. § 30-24,125 goes to the bank, employer, transfer agent, or other holder, not to the court. If Letters are needed, a person filing without a lawyer may file by mail to 111 West Fairfield Street or by fax to 402-762-3250 with the uniform cover sheet under Neb. Ct. R. § 6-601(B). Remote-technology requests in District 10 require contacting the clerk magistrate at least 5 days before the hearing (Neb. Rev. Stat. § 25-2704). | Sunset can help locate assets, separate affidavit tasks from probate tasks, and connect an out-of-state family member with a Nebraska probate attorney if the Clay County Court filing needs local support. |
| Parent settling predeceased child's estate, home must be sold | If a home must be sold through the estate, open the case with the clerk of the Clay County Court. A clerk magistrate may not determine title to real estate or authorize a sale or mortgage of real estate, so that issue goes to a county judge (Neb. Rev. Stat. § 24-519). The clerk publishes notice to creditors, claims are barred after two months from first publication, and inheritance tax is determined by the Clay County Court (Neb. Rev. Stat. § 30-2483, § 30-2485, § 77-2004). | Sunset helps build the asset inventory, prepare for creditor and tax deadlines, and find a vetted local probate attorney for the real-estate sale and court authority steps. |
Self-help resources
| Resource | How it helps |
|---|---|
| Clerk of the Clay County Court | 111 West Fairfield Street, Clay Center, NE 68933. Phone 402-762-3651. Fax 402-762-3250. Email [email protected] for questions, not filings. Hours are 8:00 a.m. to 4:00 p.m., Monday through Friday, with regular court days on Tuesdays of each month. |
| Clay County Court online page | Local court page at https://claycounty.ne.gov/county-court/ and Judicial Branch page at https://nebraskajudicial.gov/courts/clay-county-court. |
| Clay County Register of Deeds | 111 W Fairfield St, Clay Center, NE 68933. Phone 402-762-3463. This is where a real-property affidavit is recorded under Neb. Rev. Stat. § 30-24,129. |
| Nebraska Online Legal Self-Help Center | https://nebraskajudicial.gov/self-help. The virtual self-help center explains self-represented filing routes, fax filing under Neb. Ct. R. § 6-601(B), and the rule that email messages are not accepted as case filings. |
| Estates section | https://nebraskajudicial.gov/self-help/estates and https://nebraskajudicial.gov/self-help/estates/additional-information-estates. These pages explain Nebraska estate processes, affidavit routes, and the Judicial Branch's caution that estate filings often need attorney help. |
| Affidavit forms | CC 15:40 for personal property under Neb. Rev. Stat. § 30-24,125 and CC 15:41 for real property under Neb. Rev. Stat. § 30-24,129 are available through nebraskajudicial.gov. |
| Uniform fax cover sheet | Use the nebraskajudicial.gov fax cover sheet as the first page of a fax filing by a person filing without a lawyer under Neb. Ct. R. § 6-601(B), accepted until July 1, 2028. |
| Statewide case search | https://www.nebraska.gov/justice/case.cgi. JUSTICE case details cost $2 to view through Nebraska.gov, while courthouse kiosks and law libraries provide the same case information without that online detail charge. |
| Legal Aid of Nebraska | Statewide AccessLine 1.877.250.2016, Monday and Wednesday 8:30 a.m. to 11:30 a.m., Tuesday and Thursday 1:00 p.m. to 3:00 p.m. Central. ElderAccessLine 1.800.527.7249 serves people 60 and over in all 93 counties. Screening depends on household income, assets, and legal issue; published practice areas are family, debt, housing, and benefits rather than estate administration, and the organization takes no walk-ins. See https://legalaidofnebraska.org/. |
| Nebraska Free Legal Answers | https://ne.freelegalanswers.org/ is a free civil legal question site for qualifying users. Its published topics do not include estates, and volunteer lawyers do not represent users in court. |
| Limited Scope Representation | https://nebraskajudicial.gov/self-help/limited-scope-representation/people-wanting-limited-legal-assistance. This Nebraska Judicial Branch resource explains hiring a lawyer for part of a case. |
When to hire an attorney
Nebraska does not require a personal representative to be represented by 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 Clay County does not publish a local probate packet to fill the statewide form gap. The clerk can accept filings but cannot give legal advice or interpret the law. Limited Scope Representation through nebraskajudicial.gov may be a middle option for a defined task, and Legal Aid of Nebraska can screen income-eligible families through 1.877.250.2016, although estate administration is not among its published practice areas. Sunset connects families in Clay County to a vetted local probate attorney.
How Sunset helps
Find the accounts and assets. Sunset searches across more than 2,300 institutions to help families find bank, investment, retirement, insurance, loan, and other relationships before they choose a Clay County probate path.
Generate the probate packet. Sunset organizes the information needed for estate settlement, helps sort informal probate from formal probate, and prepares a probate packet for review before filing with the Clay County Court.
Find a local probate attorney. When a sale of real estate, inheritance tax question, creditor dispute, or missing form makes the case more complicated, Sunset connects the family with a vetted Nebraska probate attorney.
Sunset is free for families. Families can use Sunset to organize the estate, understand next steps, and decide whether Clay County probate, an affidavit route, or attorney help is the right next move.
Frequently asked questions
Where do I file probate in Clay County?
File Clay County probate with the clerk of the Clay County Court at 111 West Fairfield Street, Clay Center, NE 68933. 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 Clay County probate?
Nebraska law allows self-representation, but the Judicial Branch says filing an estate will most often require an attorney's help. That is especially true if the will is contested, a home must be sold, creditor claims are disputed, or the Nebraska inheritance tax analysis is unclear (Neb. Rev. Stat. § 77-2004).
How much does Clay County probate cost to file?
As of July 1, 2026, 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 is charged from $22 to $1,500 based on the gross value of the Nebraska estate at death (Neb. Rev. Stat. § 33-125). Confirm the current counter total with the clerk before filing.
Can I use an affidavit instead of opening a Clay County probate case?
Sometimes. CC 15:40 may be used for qualifying personal property under Neb. Rev. Stat. § 30-24,125, with a $100,000 ceiling raised by 2022 Neb. Laws LB 1124, signed April 18, 2022. CC 15:41 may be used for qualifying Nebraska real property under Neb. Rev. Stat. § 30-24,129, with a $100,000 ceiling raised by 2024 Neb. Laws LB 1195, signed April 15, 2024. The personal-property affidavit is presented to the holder, and the real-property affidavit is recorded with the register of deeds, not opened as a county court probate case.
Is there a Nebraska inheritance tax in Clay County, and who receives payment?
Yes. Nebraska inheritance tax is a county tax: the Clay County Court determines it, and it is paid to the county. The tax is 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 attend a Clay County probate hearing by phone or video?
Ask the clerk before the hearing. Nebraska law allows a county court to hear all nonevidentiary hearings, and any evidentiary hearing the court approves with the stipulation of all appearing parties, by telephone or videoconference (Neb. Rev. Stat. § 25-2704). Clay County's District 10 rule requires contacting the clerk magistrate at least 5 days before the hearing for remote-technology instructions.
Can I send a Clay County probate filing by fax or by email?
A person filing without a lawyer may use fax filing to 402-762-3250 with the uniform cover sheet under Neb. Ct. R. § 6-601(B), accepted until July 1, 2028. Nebraska attorneys must use electronic filing under Neb. Ct. R. § 2-202. Email messages are not accepted as case filings under Neb. Ct. R. § 2-212.
How do I look up a Clay County probate case?
Use Nebraska.gov's statewide JUSTICE search at https://www.nebraska.gov/justice/case.cgi. A general search for case lists is free, viewing case details costs $2, and frequent users can open a Nebraska.gov subscriber account for an annual $100. The same case information is free at courthouse kiosks and law libraries.
What are the Clay County Court hours?
The Clay County Court lists hours of 8:00 a.m. to 4:00 p.m., Monday through Friday, with regular court days on Tuesdays of each month. Call 402-762-3651 before going to the courthouse if timing matters for a filing or hearing.
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.