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Custer County, NE Probate Information
Quick facts
| Item | Custer County information |
|---|---|
| Court | Custer County Court |
| Courthouse address | 604 Heritage Drive, Broken Bow, NE 68822 |
| Mailing address | Custer County Court, 604 Heritage Drive, Broken Bow, NE 68822 |
| Phone | 308-872-5761 |
| Fax | 308-872-6052 |
| [email protected], for questions only. Email filings are not allowed in Nebraska court cases under Neb. Ct. R. § 2-212. | |
| Hours | 8:00 am to 12:00 pm and 1:00 pm to 5:00 pm, Monday through Friday |
| Filing fee | $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). The Nebraska Judicial Branch schedule effective July 1, 2026 lists the counter total for a probate commenced and closed informally as $44, or $45 when a will is proved and the certificate of probate of will issues. Confirm the current amount with the clerk of the Custer County Court before you file. |
| Local forms | Custer County does not publish a county-specific estate packet or local cover sheet. Use the Nebraska Judicial Branch estates forms and the uniform fax cover sheet under Neb. Ct. R. § 6-601(B). |
| E-filing | A Nebraska attorney must file electronically under 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), which every Nebraska court must accept from non-attorneys until July 1, 2028. Ask the clerk whether Neb. Ct. R. § 2-216 non-attorney registration is open before relying on it. |
| Case search | Statewide trial court case search 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, 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 county court nonevidentiary hearings, and evidentiary hearings approved by the court with all appearing parties' stipulation, by telephone or videoconference in a way that preserves an accurate court record (Neb. Rev. Stat. § 25-2704). Custer County sits in the eighth county judge district under Neb. Rev. Stat. § 24-503, and District 8 Rule 8-2 adds motion deadlines for remote hearing requests. |
| County judge district | Eighth county judge district (Neb. Rev. Stat. § 24-503) |
| Website | https://nebraskajudicial.gov/courts/custer-county-court |
Before you begin — know the assets and liabilities
Before you choose a Custer County filing route, identify the assets, debts, account titles, deeds, beneficiary designations and creditor issues. Nebraska uses different paths for an informal application, a formal petition with notice, and the two affidavit routes that may avoid a court estate for limited property.
Sunset's estate settlement tools search more than 2,300 financial institutions for accounts and assets, then help organize what belongs in the Custer County Court packet, what may go directly to a holder, and what may need the Custer County Register of Deeds under Neb. Rev. Stat. § 30-24,129.
Which court handles jurisdiction
Probate for Custer County is filed with the clerk of the Custer County Court at 604 Heritage Drive in Broken Bow. Broken Bow is the courthouse city for this county page.
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).
Custer County sits in Nebraska's eighth county judge district, which assigns county judges and county court local rules; the case itself is filed at the Custer County courthouse in Broken Bow (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 (Neb. Rev. Stat. § 30-2410).
The jurisdiction process
- Choose the opening track. Informal probate uses an application to the registrar; the registrar's acts are performed by a county judge or by a person designated by written court order, and the application is delivered to the clerk of the county court (Neb. Rev. Stat. § 30-2216). Formal probate uses a petition to the court with notice.
- Gather the death certificate, the original will if there is one, asset information, debt information, names and addresses of interested persons, and enough information to decide whether a limited affidavit route applies.
- File with the clerk of the Custer County Court at 604 Heritage Drive, Broken Bow, NE 68822. A Nebraska attorney files electronically under Neb. Ct. R. § 2-202. A self-represented filer may file in person, by mail, or by fax to 308-872-6052 with the uniform cover sheet under Neb. Ct. R. § 6-601(B). Email filings are not allowed under Neb. Ct. R. § 2-212.
- Pay the filing fee set by Neb. Rev. Stat. § 33-125. The base fee is $22 for a probate proceeding commenced and closed informally; formal probate fees are based on the gross value of the Nebraska estate at death.
- For informal probate, remember that the registrar cannot issue the written statement of informal probate until 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 (Neb. Rev. Stat. § 30-2483). Claims covered by the published notice are barred unless presented within two months after the date of first publication, subject to the statute's limited extension procedure (Neb. Rev. Stat. § 30-2485).
- If the decedent was 55 or older or resided in a medical institution, handle the Department of Health and Human Services notice required by Neb. Rev. Stat. § 30-2483.
- Ask about hearing procedure if the court sets a hearing. District 8 Rule 8-2 generally requires a motion and proposed order at least 5 days before a nonevidentiary remote hearing, at least 3 days before a request to join an already scheduled in-person hearing by remote means, and at least 7 days before an evidentiary remote hearing limited to documents, all subject to Neb. Rev. Stat. § 25-2704.
- After appointment, the court issues letters testamentary for a will or letters of administration when there is no will. One certified copy of letters of appointment is included without charge under Neb. Rev. Stat. § 33-125.
- Administer the estate, inventory assets, address creditors, determine the Nebraska inheritance tax through the Custer County Court and pay it to the county within twelve months after the date of death (Neb. Rev. Stat. § 77-2010, § 77-2018.01, § 77-2004), then distribute property and close the estate as the Nebraska Probate Code requires.
Forms and documents
Probate forms in Custer County
Custer County does not publish a county-specific estate packet, local probate instruction sheet or local cover sheet. The Nebraska Judicial Branch page for estates and the Custer County Court are the practical starting points.
| Form or resource | Use |
|---|---|
| CC 15:40, Affidavit for Transfer of Personal Property without Probate, revised July 2022 | Used for qualifying personal property after 30 days when the value of all personal property in the estate, less liens and encumbrances, does not exceed $100,000. The $100,000 figure was raised by 2022 Neb. Laws LB 1124, signed April 18, 2022 (Neb. Rev. Stat. § 30-24,125). It is presented to the holder of the property, not filed with the court. |
| CC 15:41, Affidavit for Transfer of Real Property without Probate, revised October 2025 | Used for a qualifying Nebraska real-property interest after 30 days when the statutory conditions are met. The real-property affidavit is filed with the register of deeds in the county where the land is located. In Custer County, that office is at 431 S 10th Ave, Broken Bow. The $100,000 real-property figure was raised by 2024 Neb. Laws LB 1195, signed April 15, 2024 (Neb. Rev. Stat. § 30-24,129; Neb. Rev. Stat. § 30-24,125). |
| Uniform fax cover sheet | Required as the first page when a self-represented filer sends a filing by fax under Neb. Ct. R. § 6-601(B), available to non-attorneys until July 1, 2028. |
| Informal probate flowchart for a will | The Nebraska Judicial Branch estates materials include a flowchart for informal probate filed with a will. It is limited to testate, uncontested matters and does not cover a case with no will, a contested will, or a contested estate distribution. |
The Judicial Branch does not provide a ready-made application for informal probate, petition for formal probate, letters packet, or inventory packet for every estate. Court employees cannot give legal advice or draft your filing.
Local nuance
Custer County-specific considerations
| Local point | What it means for a Custer County estate |
|---|---|
| Midday court closure | The Custer County Court counter is open 8:00 am to 12:00 pm and 1:00 pm to 5:00 pm, Monday through Friday. Plan around the lunch closure before driving to 604 Heritage Drive. |
| Shared clerk magistrate | The clerk of the Custer County Court is a clerk magistrate under Neb. Rev. Stat. § 24-507 and also serves Loup County. Do not assume that a Custer County filing can be handled through another county's contact information. |
| Separate land office | The Custer County Register of Deeds is at 431 S 10th Ave, Broken Bow, with phone 308-872-2221. That matters only for the real-property affidavit route under Neb. Rev. Stat. § 30-24,129; probate itself stays with the Custer County Court. |
| District 8 remote rule | District 8 Rule 8-2 generally requires advance motion practice for remote hearing requests, including at least 5 days for the common nonevidentiary request, subject to Neb. Rev. Stat. § 25-2704 and the court's approval. |
Recent updates
| Change | What changed |
|---|---|
| District 8 Rule 8-2 | The county court remote hearing rule for the eighth county judge district was approved October 19, 2022 and amended April 16, 2025. Custer County probate hearings are still controlled by Neb. Rev. Stat. § 25-2704 and the court's approval process. |
Page last reviewed: August 2026.
Scenarios
| Situation | Likely Custer County path | Where Sunset helps |
|---|---|---|
| Surviving spouse with a co-owned home | Start with the deed and account titles. If only qualifying personal property remains, CC 15:40 may be presented to the holder after 30 days, using the $100,000 ceiling raised by 2022 Neb. Laws LB 1124, signed April 18, 2022 (Neb. Rev. Stat. § 30-24,125). If a qualifying Nebraska real-property interest must move by affidavit, CC 15:41 is handled through the Custer County Register of Deeds at 431 S 10th Ave under Neb. Rev. Stat. § 30-24,129. | Sunset helps identify account ownership, beneficiary designations and deeds before the family starts an estate settlement filing. |
| Out-of-state adult child with a limited estate | If the personal-property affidavit applies, it does not require a trip to the Custer County Court. If letters are needed, file with the clerk at 604 Heritage Drive by mail or, if self-represented, by fax to 308-872-6052 with the cover sheet required by Neb. Ct. R. § 6-601(B). If a hearing is set, ask about a District 8 Rule 8-2 remote hearing request under Neb. Rev. Stat. § 25-2704. | Sunset organizes the asset list, flags missing institutions, and helps prepare the packet for local attorney review or filing. |
| Parent settling a predeceased child's estate when a home must be sold | Neither affidavit route is a substitute for authority to sell a home. A clerk magistrate may handle noncontested estate matters, but not a determination of title to real estate or authorization to sell or mortgage real estate; those matters go to a county judge (Neb. Rev. Stat. § 24-519). The Custer County Court also handles the Nebraska inheritance tax determination, due twelve months after the date of death (Neb. Rev. Stat. § 77-2010, § 77-2004). | Sunset helps locate accounts, organize real-estate information, and connect the family with a probate attorney for the sale authority and tax steps. |
Self-help resources
| Resource | How it helps |
|---|---|
| Nebraska Online Legal Self-Help Center, nebraskajudicial.gov/self-help | Explains self-represented filing, fax filing under Neb. Ct. R. § 6-601(B), and the rule that email filings are not allowed. |
| Nebraska Judicial Branch estates section, nebraskajudicial.gov/self-help/estates | Covers estate processes, claims against estates, deposit of a will, the two affidavit forms, motor vehicle title transfer, and the informal probate flowchart. |
| Additional information: Estates, nebraskajudicial.gov/self-help/estates/additional-information-estates | States that estate filings often require an attorney's help, while Nebraska law allows self-representation, and explains why the Self-Help Center cannot provide paperwork for every estate. |
| Custer County Court, 308-872-5761 | Use the clerk's office for filing logistics, hours, payment questions and hearing instructions. Court employees cannot provide legal advice. |
| Legal Aid of Nebraska, legalaidofnebraska.org | Statewide AccessLine 1.877.250.2016 is open 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 serves 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. |
| Nebraska Free Legal Answers, ne.freelegalanswers.org | A free online civil legal question clinic for qualifying users. The published topic list does not include estates, and volunteer lawyers cannot represent anyone in court. |
| Limited Scope Representation, nebraskajudicial.gov/self-help | A way to hire a lawyer for part of a case, such as reviewing a Custer County petition, advising on a home sale, or helping with inheritance tax issues. |
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, and Custer County does not publish a county-specific opening packet for an application or petition. Counsel is especially useful when a home must be sold, family members disagree, creditor claims are disputed, inheritance tax questions are significant under Neb. Rev. Stat. § 77-2004, or District 8 remote hearing procedure is involved; Limited Scope Representation through nebraskajudicial.gov can be a middle option. Sunset connects families in Custer County to a vetted local probate attorney.
How Sunset helps
Find the accounts and assets. Sunset searches more than 2,300 financial institutions and helps families build the asset picture before they decide whether a Custer County Court filing, a holder affidavit, or a Register of Deeds filing is needed.
Generate the probate packet. Sunset turns the family and asset information into an organized estate settlement packet for the informal application or formal petition path, ready for attorney review or filing with the clerk of the Custer County Court.
Find a local probate attorney. When a sale, tax issue, creditor dispute, or formal probate step needs legal help, Sunset connects the family with a vetted Nebraska probate attorney.
Sunset is free for families. Families can use Sunset to organize the estate settlement process, locate assets, and understand next steps without paying Sunset for support.
Frequently asked questions
Where do I file probate in Custer County?
File with the clerk of the Custer County Court at 604 Heritage Drive, Broken Bow, NE 68822. Nebraska district courts do not hear probate; the county court has exclusive original jurisdiction over matters relating to decedents' estates (Neb. Rev. Stat. § 24-517).
Do I need a lawyer for Custer County probate?
Nebraska law allows self-representation, but the Judicial Branch says filing an estate will most often require an attorney's help. Custer County does not publish a local opening packet, and a lawyer is especially useful for formal probate with notice, real-estate sale authority, disputed claims, or inheritance tax questions under Neb. Rev. Stat. § 77-2004.
How much does Custer County probate cost to file?
The base filing fee is set by Neb. Rev. Stat. § 33-125, not by Custer County. It is $22 for a probate proceeding commenced and closed informally, with formal fees based on the gross value of the Nebraska estate at death and running up to $1,500 for estates over $5,000,000. The Nebraska Judicial Branch schedule effective July 1, 2026 lists the counter total for a probate commenced and closed informally as $44, or $45 when a will is proved and the certificate of probate of will issues.
Can I avoid probate in Custer County with an affidavit?
Sometimes. CC 15:40 can be presented to a holder of qualifying personal property after 30 days if the statutory conditions are met, including the $100,000 ceiling raised by 2022 Neb. Laws LB 1124, signed April 18, 2022 (Neb. Rev. Stat. § 30-24,125). CC 15:41 can be filed with the Custer County Register of Deeds for qualifying real property, using the separate $100,000 real-property ceiling raised by 2024 Neb. Laws LB 1195, signed April 15, 2024 (Neb. Rev. Stat. § 30-24,129; Neb. Rev. Stat. § 30-24,125).
Is there a Nebraska inheritance tax in Custer County, and who gets paid?
Yes. Nebraska is one of the few states with an inheritance tax, and it is a county tax. The Custer 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 file by fax or email in Custer County?
A self-represented filer may file by fax to 308-872-6052 with the uniform cover sheet, because Neb. Ct. R. § 6-601(B) requires Nebraska courts to accept non-attorney fax filing until July 1, 2028. Email filings are not allowed under Neb. Ct. R. § 2-212.
Can I appear by phone or video for a Custer County probate hearing?
The court may allow phone or videoconference participation for nonevidentiary hearings and for evidentiary hearings approved by the court with all appearing parties' stipulation (Neb. Rev. Stat. § 25-2704). District 8 Rule 8-2 generally requires advance motion practice, including at least 5 days before the hearing for the common nonevidentiary remote hearing request.
How do I look up a Custer County probate case?
Use Nebraska.gov's JUSTICE trial court case search at https://www.nebraska.gov/justice/case.cgi. A general search list is free, viewing a case's details is $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 Custer County Court clerk's hours?
The Custer County Court is open 8:00 am to 12:00 pm and 1:00 pm to 5:00 pm, Monday through Friday. Call 308-872-5761 before you go if timing is tight, because the counter has a midday closure.
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.