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Colfax County, NE Probate Information
Quick facts
| Item | Details |
|---|---|
| Court | Colfax County Court |
| Courthouse address | 411 East 11th Street, Schuyler, NE 68661 |
| Mailing address | P.O. Box 191, Schuyler, NE 68661 |
| Phone | 402-352-8511 |
| Fax | 402-352-8535. A person filing without a lawyer may use fax filing with the uniform cover sheet until July 1, 2028, subject to prepayment of statutory filing fees (Neb. Ct. R. § 6-601). |
| [email protected], for questions, not filings. Email filings are not allowed in Nebraska courts (Neb. Ct. R. § 2-212). | |
| Hours | The Nebraska Judicial Branch lists 7:30 a.m. to 4:30 p.m., Monday through Friday. The Colfax County website lists 8:30 a.m. to 4:00 p.m., Monday through Friday, closed weekends and holidays. Call 402-352-8511 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 (Neb. Rev. Stat. § 33-125). The Judicial Branch statewide counter schedule is effective July 1, 2026. Confirm the current amount with the clerk of the Colfax County Court before you file. |
| Local forms | Plan on statewide Judicial Branch forms rather than a Colfax-specific probate packet. Colfax County points readers to statewide self-help and payment resources. |
| E-filing | A Nebraska attorney must file electronically (Neb. Ct. R. § 2-202). A person filing without a lawyer is not required to use attorney electronic filing and may file in person, by mail, or by fax with the required cover sheet under Neb. Ct. R. § 6-601. Ask the clerk whether non-attorney registration under Neb. Ct. R. § 2-216 is open before relying on it. |
| Case search | Statewide trial court case search through Nebraska.gov, running on the Judicial Branch JUSTICE case management system: 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 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, by telephone or videoconference in a manner that preserves an accurate record (Neb. Rev. Stat. § 25-2704). Colfax County sits in Nebraska's fifth county judge district, whose county court local rules add a Remote Hearings rule approved in February 2023; ask the clerk how to request one. |
| County judge district | Nebraska's fifth county judge district. A county judge district assigns judges and local rules; it does not move the Colfax County filing counter (Neb. Rev. Stat. § 24-503). |
| Website | https://nebraskajudicial.gov/courts/colfax-county-court and https://colfaxcountyne.gov/county-court/ |
Before you begin — know the assets and liabilities
Before starting probate in Colfax County, identify the accounts, debts, real estate, vehicles, insurance, and jointly owned property. Probate is only one part of estate settlement, and the correct local path depends on what must be transferred and whether someone needs Letters from the Colfax County Court.
Sunset can help organize the estate settlement before you file by running 2,300-institution asset discovery, matching accounts to the person who died, and turning the results into a task list for the Colfax County filing or a no-court affidavit route.
Which court handles jurisdiction
Probate for Colfax County is filed with the clerk of the Colfax County Court at 411 East 11th Street in Schuyler, with mail sent to P.O. Box 191, Schuyler, NE 68661. The filing office is held by a clerk magistrate (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).
Colfax County sits in Nebraska's fifth county judge district, which is how county judges and the county court's 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's property was located (Neb. Rev. Stat. § 30-2410).
The jurisdiction process
- Choose the opening track. An informal probate uses an application to the registrar; 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). A formal probate uses a petition to the court with notice to interested persons.
- Gather the death certificate, the original will if there is one, addresses for interested persons, a preliminary asset list, and a liability 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 Colfax County Court at 411 East 11th Street in Schuyler, mail the filing to P.O. Box 191, Schuyler, NE 68661, or, if filing without a lawyer, use fax filing to 402-352-8535 with the uniform cover sheet under Neb. Ct. R. § 6-601. A Nebraska attorney must file electronically (Neb. Ct. R. § 2-202). Email is not a filing method (Neb. Ct. R. § 2-212).
- Pay the filing fee. The base fee is $22 for a proceeding commenced and closed informally, and formal probate uses the statewide schedule based on the gross value of the Nebraska estate at death (Neb. Rev. Stat. § 33-125). Confirm the amount and payment method with the clerk before filing.
- Handle notice and hearing procedure. Formal probate requires notice. An unopposed formal testacy petition may be decided on the pleadings if the court is satisfied, or the court may hold a hearing (Neb. Rev. Stat. § 30-2429). For a remote appearance, the fifth county judge district rule requires a filed request at least 48 hours before the hearing, and Nebraska law governs telephone or videoconference 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 (Neb. Rev. Stat. § 30-2483). Claims covered by that notice are barred unless presented within two months after the date of first publication, subject to the statutory extension procedure (Neb. Rev. Stat. § 30-2485).
- Give any required Department of Health and Human Services notice if the decedent was fifty-five or older or resided in a medical institution, because a nonconforming notice is void (Neb. Rev. Stat. § 30-2483).
- Obtain Letters after appointment. Nebraska uses letters testamentary for a will and letters of administration when there is no will; one certified copy of letters of appointment is included without charge in a formal probate fee (Neb. Rev. Stat. § 33-125).
- Administer the estate, inventory assets, deal with creditor claims, transfer property, and address Nebraska inheritance tax. The Colfax County Court determines the inheritance tax 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, § 77-2004).
- Distribute remaining property and close the estate. When Nebraska law allows use of a closing statement, follow the statutory closing statement procedure (Neb. Rev. Stat. § 30-24,128).
Forms and documents
Probate forms in Colfax County
Nebraska publishes a partial statewide estates form set. The two no-court transfer affidavits 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, and fax filing is governed by Neb. Ct. R. § 6-601. The Judicial Branch supplies an informal-probate flowchart for a testate, uncontested estate through nebraskajudicial.gov, but that flowchart does not apply when there is no will, the will is contested, or the estate or distribution is contested.
The Judicial Branch does not supply a fill-in application for informal probate, a petition for formal probate, Letters, or an inventory. Colfax County does not provide a local probate packet on its County Court page; the filing party or lawyer must prepare the opening paper for the Colfax County Court.
Timeline
- For a Colfax County remote appearance request, file the request with the court at least 48 hours before the hearing. Remote hearing procedure also rests on Neb. Rev. Stat. § 25-2704.
- If the judge authorizes telephone or videoconference participation, contact the proper court representative at least 24 hours before the hearing for instructions and the invitation (Neb. Rev. Stat. § 25-2704).
- If exhibits are involved under the fifth county judge district rule, deliver paper exhibits for pre-marking at least 48 hours before the hearing and provide copies to other parties at least 24 hours before. Ask the clerk of the Colfax County Court for the judge's instructions before relying on a remote hearing request (Neb. Rev. Stat. § 25-2704).
Local nuance
Colfax County-specific considerations
| Local point | What it means |
|---|---|
| Different listed hours | The Nebraska Judicial Branch lists the Colfax County Court as open 7:30 a.m. to 4:30 p.m., Monday through Friday. The Colfax County website lists 8:30 a.m. to 4:00 p.m., Monday through Friday, closed weekends and holidays. Call 402-352-8511 before traveling, especially near opening or closing time. |
| Fifth county judge district remote rule | Colfax County is in Nebraska's fifth county judge district (Neb. Rev. Stat. § 24-503). Its Remote Hearings rule adds a local procedure on top of Neb. Rev. Stat. § 25-2704: a request must be filed at least 48 hours before the hearing, and an authorized participant must contact the court at least 24 hours before the hearing for instructions. |
| Real property affidavit office | If the Affidavit for Transfer of Real Property without Probate, CC 15:41, is available for the property, it is recorded with the Colfax County Register of Deeds at 411 E 11th Street in Schuyler, not opened as a court probate filing (Neb. Rev. Stat. § 30-24,129). |
Recent updates
| Date | Update |
|---|---|
| February 16, 2023 | The fifth county judge district Remote Hearings rule was approved. It adds a 48-hour request deadline and a 24-hour contact step for authorized telephone or videoconference participation under Neb. Rev. Stat. § 25-2704. |
Page last reviewed: August 2026.
Scenarios
| Situation | Likely Colfax County path | Where Sunset helps |
|---|---|---|
| Surviving spouse with co-owned home | Check title first. Survivorship may transfer the home without opening an estate. If personal property is within the $100,000 ceiling and thirty days have passed, CC 15:40 is presented to the holder rather than filed with the court (Neb. Rev. Stat. § 30-24,125). If a qualifying real property affidavit is needed, CC 15:41 is recorded with the Colfax County Register of Deeds under Neb. Rev. Stat. § 30-24,129. | Sunset helps identify accounts, loans, titles, and beneficiary designations so the spouse knows whether estate settlement needs the Colfax County Court, the Register of Deeds, or no court filing. |
| Out-of-state adult child with a small estate | If thirty days have passed and personal property is within the $100,000 ceiling, the claiming successor uses CC 15:40 with the holder of the property, not the court (Neb. Rev. Stat. § 30-24,125). If Letters are needed, filings can be mailed to P.O. Box 191, Schuyler, NE 68661, or faxed to 402-352-8535 with the required cover sheet under Neb. Ct. R. § 6-601. | Sunset turns the asset search into a filing checklist and can generate the packet for a local lawyer or for a self-represented Colfax County filing. |
| Parent settling predeceased child's estate, home must be sold | Neither affidavit route completes a court-approved sale. Open the estate in the Colfax County Court. A clerk magistrate may hear some uncontested estate matters, but may not determine title to real estate or authorize a sale or mortgage of real estate; that step goes to a county judge (Neb. Rev. Stat. § 24-519, § 24-507). | Sunset helps locate mortgages, tax records, accounts, and debts, then connects the family with a vetted Colfax County probate attorney for the real estate and inheritance tax steps. |
Self-help resources
| Resource | How it helps |
|---|---|
| Colfax County Court, 402-352-8511 | Call before traveling because the Nebraska Judicial Branch and Colfax County list different hours. The clerk can answer filing logistics, but cannot choose forms or give legal advice. |
| Nebraska Online Legal Self-Help Center, https://nebraskajudicial.gov/self-help | Virtual self-help materials from the Nebraska Judicial Branch, including filing routes, the no-email rule, fax filing information, and Limited Scope Representation through nebraskajudicial.gov. |
| Estates section, https://nebraskajudicial.gov/self-help/estates | Estate materials, claims information, deposit of will guidance, no-court affidavit links, and the informal-probate flowchart through nebraskajudicial.gov. |
| Additional information: Estates, https://nebraskajudicial.gov/self-help/estates/additional-information-estates | Explains that estate filings will most often require an attorney's help, while Nebraska law allows a person to represent themself. |
| Master forms list, https://nebraskajudicial.gov/forms | Search for Nebraska Judicial Branch estate forms including CC 15:40 and CC 15:41. |
| Legal Aid of Nebraska, https://legalaidofnebraska.org/how-we-help/ | 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; listed practice areas focus on family, debt, housing, and benefits rather than estate administration, and intake is not by courthouse visit. |
| Nebraska Free Legal Answers, https://ne.freelegalanswers.org/ | Free Legal Answers lets qualifying users post civil legal questions for volunteer Nebraska lawyers. Its topic list does not include estates, 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 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 materials cannot cover every situation. Counsel is especially useful when a Colfax County estate involves a home sale, a contested will, creditor disputes, inheritance tax questions, or a formal probate with notice. Sunset connects families to a vetted attorney.
How Sunset helps
Find the accounts and assets. Sunset searches across 2,300 institutions to help families identify bank accounts, investments, insurance, retirement accounts, debts, and other property before deciding whether Colfax County estate settlement needs probate, an affidavit, or attorney review.
Generate the probate packet. Sunset organizes the facts, documents, heirs, asset list, and task sequence so the family or attorney can prepare the Colfax County Court filing, request Letters, and track creditor and tax deadlines.
Find a local probate attorney. When the estate needs a county judge, a home sale, inheritance tax determination, or a formal probate, Sunset connects the family with a vetted Nebraska probate attorney who can advise on the Colfax County filing.
Sunset is free for families. Sunset's estate settlement tools are free for families, including asset discovery, task tracking, document organization, and attorney matching when legal help is the right next step.
Frequently asked questions
Where do I file probate in Colfax County?
File with the clerk of the Colfax County Court at 411 East 11th Street in Schuyler, or mail the filing to P.O. Box 191, Schuyler, NE 68661. Nebraska district courts do not hear probate; the county court has exclusive original jurisdiction over decedents' estates (Neb. Rev. Stat. § 24-517).
What are the Colfax County Court hours?
The Nebraska Judicial Branch lists 7:30 a.m. to 4:30 p.m., Monday through Friday. The Colfax County website lists 8:30 a.m. to 4:00 p.m., Monday through Friday, closed weekends and holidays. Call 402-352-8511 before traveling.
Do I need a lawyer for probate in Colfax County?
Nebraska law allows self-representation, but the Judicial Branch says filing an estate will most often require an attorney's help. A lawyer is especially important when the estate involves a home sale, contested issues, formal probate with notice, or inheritance tax questions.
How much does it cost to file probate in Colfax County?
The statewide 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 uses a schedule based on the gross value of the Nebraska estate at death, up to $1,500 over $5,000,000 (Neb. Rev. Stat. § 33-125). Confirm the amount and payment method with the clerk before filing.
Can I avoid probate in Colfax County with an affidavit?
Sometimes. The Affidavit for Transfer of Personal Property without Probate, CC 15:40, applies to personal property within the $100,000 ceiling after thirty days and is presented to the holder of the property, not filed with the court (Neb. Rev. Stat. § 30-24,125). The Affidavit for Transfer of Real Property without Probate, CC 15:41, is a separate real-property route recorded with the register of deeds under Neb. Rev. Stat. § 30-24,129.
Is there a Nebraska inheritance tax for a Colfax County estate?
Yes. Nebraska is one of the few states with an inheritance tax, and it is a county tax: the Colfax 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).
Can I use fax or email for court papers in Colfax County?
A person filing without a lawyer may use fax filing to 402-352-8535 with the required cover sheet until July 1, 2028, subject to prepayment of statutory filing fees (Neb. Ct. R. § 6-601). A Nebraska attorney must file electronically (Neb. Ct. R. § 2-202). Email is not a filing method in Nebraska courts (Neb. Ct. R. § 2-212).
Can I attend a Colfax County probate hearing by phone or video?
Nebraska law allows nonevidentiary county court hearings, and evidentiary hearings approved by the court with all appearing parties' stipulation, by telephone or videoconference (Neb. Rev. Stat. § 25-2704). The fifth county judge district Remote Hearings rule requires a filed request at least 48 hours before the hearing and contact with the court at least 24 hours before the hearing after authorization.
How do I look up a Colfax County probate case?
Use the Nebraska.gov JUSTICE case search at https://www.nebraska.gov/justice/case.cgi. A general search list is free; viewing 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 free at any courthouse kiosk or law library.
Do I have to travel to Schuyler to open a Colfax County estate?
Not always. A filing can be mailed to P.O. Box 191, Schuyler, NE 68661, and a person filing without a lawyer may use fax filing with the uniform cover sheet under Neb. Ct. R. § 6-601. If a hearing is set, ask the clerk how the fifth county judge district Remote Hearings rule and Neb. Rev. Stat. § 25-2704 apply to your 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.