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Dundy County, NE Probate Information
Quick facts
| Item | Details |
|---|---|
| Court | Dundy County Court |
| Courthouse address | The Dundy County Court is listed by mail at P.O. Box 378, Benkelman, NE 69021. Call 308-423-2374 before an in-person visit because a court street address is not listed on the Nebraska Judicial Branch page. |
| Mailing address | Dundy County Court, P.O. Box 378, Benkelman, NE 69021. |
| Phone | 308-423-2374 |
| Fax | 308-423-2376. A self-represented filer using fax filing must use the uniform cover sheet under Neb. Ct. R. § 6-601(B). |
| [email protected], for questions rather than filings. Email filings are not allowed in Nebraska courts under Neb. Ct. R. § 2-212. | |
| Hours | Monday through Friday, 8:00 a.m. to 4:00 p.m. |
| Filing fee | As of August 2026, Neb. Rev. Stat. § 33-125 sets $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. The Judicial Branch statewide fee schedule effective July 1, 2026 lists informal-opening counter totals of $44, or $45 for testate matters. Confirm the current amount with the clerk of the Dundy County Court before you file. |
| Local forms | Dundy County does not publish its own local probate packet. Use the Nebraska Judicial Branch forms and any case-specific papers prepared for your estate. |
| 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 until July 1, 2028. Neb. Ct. R. § 2-216 addresses optional non-attorney electronic filing registration, so ask the clerk before relying on it. |
| 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. As posted by Nebraska.gov in August 2026, a general search for a list of cases carries no charge, viewing case details is $2 per case, document images carry no extra charge, and frequent users can open a subscriber account for an annual $100. The same case information is available without charge at any courthouse kiosk or law library. |
| Remote appearance | Nebraska law allows all nonevidentiary hearings, and any evidentiary hearing the county court approves with all appearing parties' stipulation, to be heard by telephone or videoconference under Neb. Rev. Stat. § 25-2704. Dundy County is in the eleventh county judge district, whose rule requires a remote hearing to be scheduled with the court at least 5 days ahead and exhibits provided at least 5 days ahead. |
| County judge district | Nebraska's eleventh county judge district under Neb. Rev. Stat. § 24-503. |
| Website | https://nebraskajudicial.gov/courts/dundy-county-court |
Before you begin — know the assets and liabilities
Before you choose a Dundy County filing path, list the decedent's accounts, land, vehicles, debts, beneficiaries and documents. Nebraska estate settlement can use an affidavit route for some property, an informal probate application to the registrar, or a formal probate petition with notice, but the right path depends on what the decedent owned and who needs authority to act.
Sunset's asset discovery checks more than 2,300 institutions so families can find accounts and property before they file with the Dundy County Court. That inventory makes it easier to decide whether you need Letters, whether the register of deeds route under Neb. Rev. Stat. § 30-24,129 is relevant, and what inheritance tax work may be needed under Neb. Rev. Stat. § 77-2004.
Which court handles jurisdiction
Probate for Dundy County is filed with the clerk of the Dundy County Court in Benkelman. 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).
Dundy County includes Benkelman, Haigler, Max and Parks. 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).
Dundy County sits in Nebraska's eleventh county judge district, which is how county judges and local county court rules are assigned; the case itself is still filed for Dundy County in the Dundy County Court (Neb. Rev. Stat. § 24-502, § 24-503).
The jurisdiction process
- Choose the track. An informal probate application goes to the registrar, whose acts are performed by a county judge or a person designated by court order, and the application is delivered to the clerk of the county court (Neb. Rev. Stat. § 30-2216). A formal probate petition goes to the court with notice to interested persons.
- Gather the death certificate, the original will if there is one, names and addresses for interested persons, asset information, debts and any papers needed to show priority for appointment.
- Deliver the application or petition to the clerk of the Dundy County Court by mail to P.O. Box 378, Benkelman, NE 69021, by in-person delivery after calling 308-423-2374 about the correct door, or by fax to 308-423-2376 with the uniform cover sheet if you are filing without a lawyer (Neb. Ct. R. § 6-601(B)). A Nebraska attorney must use electronic filing under Neb. Ct. R. § 2-202.
- Pay the filing fee. As of August 2026, Neb. Rev. Stat. § 33-125 sets $22 for a proceeding commenced and closed informally, plus $22 for each later petition or application in an informal proceeding, while formal probate uses the statutory gross value schedule.
- For informal probate, wait for the statutory timing. The registrar may issue the written statement of informal probate only after at least 120 hours have elapsed since death (Neb. Rev. Stat. § 30-2415).
- After appointment, notice to creditors is published by the clerk 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 first publication, subject to the statute's limited extension procedure (Neb. Rev. Stat. § 30-2485).
- Handle required notices, including notice to the Nebraska Department of Health and Human Services if the decedent was 55 or older or lived in a medical institution, as required by Neb. Rev. Stat. § 30-2483.
- Receive Letters. The court issues letters testamentary when a will controls and letters of administration when there is no will; one certified copy of letters of appointment is included without additional charge under Neb. Rev. Stat. § 33-125(2).
- Prepare the inventory, administer assets, pay proper claims and address the Nebraska inheritance tax. The Dundy County Court determines the inheritance tax, it is paid to the county, and it is due twelve months after the date of death (Neb. Rev. Stat. § 77-2004, § 77-2010, § 77-2018.01).
- If a hearing is set and you want a remote hearing, ask the clerk how to request it. Nebraska law permits qualifying telephone or videoconference hearings under Neb. Rev. Stat. § 25-2704, and the eleventh district rule requires scheduling at least 5 days ahead.
- Distribute the remaining estate property and close the estate, including any closing statement allowed by Neb. Rev. Stat. § 30-24,128.
Forms and documents
Probate forms in Dundy County
Dundy County does not publish its own local probate packet, and its county government site does not carry a separate Dundy County Court page. The Nebraska Judicial Branch page for the Dundy County Court is the practical contact page for local filing questions.
Nebraska's statewide estate forms are partial. Form CC 15:40, Affidavit for Transfer of Personal Property without Probate, revised July 2022, is tied to the personal property affidavit under Neb. Rev. Stat. § 30-24,125. Form CC 15:41, Affidavit for Transfer of Real Property without Probate, revised October 2025, is tied to the real property affidavit recorded with the register of deeds under Neb. Rev. Stat. § 30-24,129.
The Judicial Branch has not provided a form for the application or petition that opens a decedent's estate. It does provide an informal probate flowchart for a testate, uncontested matter at https://nebraskajudicial.gov/self-help/estates, and that flowchart does not apply when there is no will, the will is contested, or the estate or distribution is contested.
If you file by fax without a lawyer, use the uniform fax cover sheet at https://nebraskajudicial.gov/sites/default/files/Ch6Art6App1.pdf. Fax filing for non-attorneys is governed by Neb. Ct. R. § 6-601(B).
Local nuance
Dundy County-specific considerations
| Local point | What it means for filing |
|---|---|
| No separate county-site court page | Dundy County's government site does not carry a separate page for the Dundy County Court. Use the Nebraska Judicial Branch page, https://nebraskajudicial.gov/courts/dundy-county-court, for court contact information. |
| No court street address listed by the Judicial Branch | The Dundy County Court is listed by P.O. Box only: P.O. Box 378, Benkelman, NE 69021. Call 308-423-2374 before going in person rather than relying on an unlisted street door. |
| Use the correct fax | The Dundy County Court fax number is 308-423-2376. This matters because non-attorney fax filing is allowed with the required cover sheet under Neb. Ct. R. § 6-601(B). |
| Clerk magistrate county | Dundy County is not Douglas, Lancaster or Sarpy, so the clerk of the Dundy County Court is an office held by a clerk magistrate under Neb. Rev. Stat. § 24-507. The clerk accepts filings but cannot provide legal advice. |
Recent updates
Page last reviewed: August 2026.
Scenarios
| Situation | Likely Dundy County path | Where Sunset helps |
|---|---|---|
| Surviving spouse with a co-owned home | Start with title and beneficiary checks. If only personal property needs collection and the statutory conditions are met, the $100,000 personal property affidavit under Neb. Rev. Stat. § 30-24,125 uses CC 15:40 and is presented to the holder, not filed with the court. If a Nebraska real property interest fits its separate $100,000 ceiling, CC 15:41 is recorded with the Dundy County Register of Deeds under Neb. Rev. Stat. § 30-24,129. Otherwise, open the estate with the Dundy County Court. | Sunset helps locate accounts, organize title information and prepare an estate settlement plan before a filing is made. |
| Out-of-state adult child with a small estate | If the Neb. Rev. Stat. § 30-24,125 affidavit works, no trip to Benkelman is needed for that personal property route. If Letters are needed, file by mail to P.O. Box 378, Benkelman, NE 69021, or by fax to 308-423-2376 with the Neb. Ct. R. § 6-601(B) cover sheet if you are filing without a lawyer. A remote hearing request is governed by Neb. Rev. Stat. § 25-2704 and the eleventh district's 5-day rule. | Sunset can gather institution details, help generate the probate packet and connect you with a local attorney if the affidavit route is not enough. |
| Parent settling a predeceased child's estate, home must be sold | A sale generally requires opening the estate in the Dundy County Court. A determination of title to real estate or an authorization to sell or mortgage real estate is for a county judge, not the clerk magistrate, under Neb. Rev. Stat. § 24-519(5). The clerk publishes notice to creditors under Neb. Rev. Stat. § 30-2483, creditor claims are barred under Neb. Rev. Stat. § 30-2485, and the Dundy County Court determines the inheritance tax under Neb. Rev. Stat. § 77-2004 and § 77-2018.01. | Sunset supports the estate settlement by finding assets, organizing sale-related information and helping the family choose attorney support when real estate authority is needed. |
Self-help resources
| Resource | How it helps |
|---|---|
| Clerk of the Dundy County Court | P.O. Box 378, Benkelman, NE 69021. Phone 308-423-2374. Fax 308-423-2376. Email [email protected] for questions, not filings. Hours are 8:00 a.m. to 4:00 p.m., Monday through Friday. Court page: https://nebraskajudicial.gov/courts/dundy-county-court. |
| Dundy County Register of Deeds | P.O. Box 506, Benkelman, NE 69021. Phone 308-423-2058. Hours are 8:00 a.m. to 4:00 p.m., Monday through Friday, open through the lunch hour. This is where a real property affidavit is recorded under Neb. Rev. Stat. § 30-24,129. Page: https://dundycounty.ne.gov/register-of-deeds/. |
| Nebraska Online Legal Self-Help Center | The virtual self-help center is at https://nebraskajudicial.gov/self-help. It explains self-represented filing, fax filing and the rule that email filings are not allowed. |
| Estates section and additional estate information | Use https://nebraskajudicial.gov/self-help/estates and https://nebraskajudicial.gov/self-help/estates/additional-information-estates for Nebraska estate materials, including the testate informal probate flowchart at nebraskajudicial.gov. |
| Affidavit forms | CC 15:40 for personal property under Neb. Rev. Stat. § 30-24,125 is at https://nebraskajudicial.gov/sites/default/files/CC-15-40.pdf. CC 15:41 for real property under Neb. Rev. Stat. § 30-24,129 is at https://nebraskajudicial.gov/sites/default/files/CC-15-41.pdf. |
| Uniform fax cover sheet | The required cover sheet for non-attorney fax filing is at https://nebraskajudicial.gov/sites/default/files/Ch6Art6App1.pdf and is tied to Neb. Ct. R. § 6-601(B). |
| Statewide case search | Search through JUSTICE and Nebraska.gov at https://www.nebraska.gov/justice/case.cgi. As posted by Nebraska.gov in August 2026, general searches for lists carry no charge, case details are $2 per case, a one-time party-name search is $17, and frequent users can use an annual $100 subscriber account. |
| Legal Aid of Nebraska | Statewide AccessLine 1.877.250.2016 is open Monday and Wednesday 8:30 a.m. to 11:30 a.m. and 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 Nebraska counties. Screening depends on household income, assets and legal issue, and estate administration is not listed among its published practice areas. See legalaidofnebraska.org. |
| Nebraska Free Legal Answers | https://ne.freelegalanswers.org/ lets qualifying users ask civil legal questions online at no cost. Estates are not on its published topic list, and volunteer lawyers 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 filing an estate will most often require an attorney's help, and that the online Self-Help Center cannot supply forms for every situation. In Dundy County, attorney help is especially practical if the estate needs a custom application or petition, a real estate sale, inheritance tax work, or a contested formal probate with notice. Limited Scope Representation information is available through nebraskajudicial.gov, and Legal Aid of Nebraska can be reached at 1.877.250.2016 while estate administration is not one of its published practice areas. Sunset connects families in Dundy County to a vetted local probate attorney.
How Sunset helps
Find the accounts and assets. Sunset searches more than 2,300 institutions and organizes what it finds so the family can understand the estate before choosing a Dundy County filing path.
Generate the probate packet. Sunset turns the estate settlement information into an organized packet for the Dundy County Court, including the asset list, family details and documents your attorney or filer can review.
Find a local probate attorney. When a Dundy County estate needs formal probate, real estate authority, inheritance tax work or a contested issue, Sunset can connect the family with a vetted Nebraska probate attorney.
Sunset is free for families. Families can use Sunset to organize estate settlement, understand next steps and decide when professional help is needed without paying Sunset a fee.
Frequently asked questions
Where do I file probate in Dundy County?
File with the clerk of the Dundy County Court in Benkelman. The court is listed by mail at P.O. Box 378, Benkelman, NE 69021. Nebraska district courts do not hear probate; the county court has exclusive original jurisdiction over decedents' estates (Neb. Rev. Stat. § 24-517).
How do I reach the Dundy County Court if no street address is listed?
Use the mailing address, P.O. Box 378, Benkelman, NE 69021, or call 308-423-2374 before going in person. The Nebraska Judicial Branch page for the Dundy County Court lists the P.O. Box, phone, fax, email and hours, but not a court street address.
What is the correct fax number for Dundy County Court?
The fax number is 308-423-2376. If you are filing without a lawyer, Nebraska courts must accept fax filing until July 1, 2028, subject to prepayment of statutory filing fees and use of the uniform cover sheet under Neb. Ct. R. § 6-601(B). A Nebraska attorney must file electronically under Neb. Ct. R. § 2-202.
Can I file a Dundy County probate case by email?
No. Email filings are not allowed in Nebraska courts under Neb. Ct. R. § 2-212. The clerk's email, [email protected], is for questions rather than filings.
How much does probate cost in Dundy County?
As of August 2026, Neb. Rev. Stat. § 33-125 sets $22 for a probate proceeding commenced and closed informally, plus another $22 for each later petition or application in an informal proceeding. Formal probate uses a statutory schedule based on the gross value of the Nebraska estate at death, from $22 to $1,500. The Judicial Branch statewide fee schedule effective July 1, 2026 lists informal-opening counter totals of $44, or $45 for testate matters, so call the clerk before you file.
Can I avoid probate with an affidavit in Dundy County?
Sometimes. The personal property affidavit under Neb. Rev. Stat. § 30-24,125 uses CC 15:40, has a $100,000 ceiling as of the 2022 change made by LB 1124, signed April 18, 2022, and is presented to the holder of the property rather than filed with the court. The real property affidavit under Neb. Rev. Stat. § 30-24,129 uses CC 15:41, has its own $100,000 ceiling as of the 2024 change made by LB 1195, signed April 15, 2024, and is recorded with the Dundy County Register of Deeds.
Is there a Nebraska inheritance tax in a Dundy County estate?
Yes. Nebraska has an inheritance tax, and it is determined by the Dundy County Court and paid to the county. The tax is due twelve months after the date of death under Neb. Rev. Stat. § 77-2010 and § 77-2018.01. Rates and exemptions depend on the beneficiary's relationship to the decedent and whether the death was before or on or after January 1, 2023 (Neb. Rev. Stat. § 77-2004).
Can I appear by phone or video for a Dundy County probate hearing?
Nebraska law allows all nonevidentiary hearings, and any evidentiary hearing the court approves with the stipulation of all appearing parties, to be heard by telephone or videoconference under Neb. Rev. Stat. § 25-2704. Dundy County is in the eleventh county judge district, whose remote hearing rule requires scheduling with the court at least 5 days in advance and providing exhibits at least 5 days in advance.
How do I look up a Dundy County probate case?
Use the statewide JUSTICE case search through Nebraska.gov at https://www.nebraska.gov/justice/case.cgi. As posted by Nebraska.gov in August 2026, general searches for lists carry no charge, case details are $2 per case, and frequent users can open an annual $100 subscriber account. The same case information is available without charge at any courthouse kiosk or law library.
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.