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Franklin County, NE Probate Information
Quick facts
| Item | Franklin County information |
|---|---|
| Court | Franklin County Court |
| Courthouse address | 405 15th Avenue, Franklin, NE 68939 |
| Mailing address | Franklin County Court, P.O. Box 174, Franklin, NE 68939 |
| Phone | 308-425-6288 |
| Fax | 308-425-6289 |
| [email protected] is the Nebraska Judicial Branch address. The Franklin County website also lists [email protected] for the same office. Use email for questions, not filings, because email submissions for court cases are not allowed in Nebraska courts (Neb. Ct. R. § 2-212). | |
| Hours | The Franklin County website lists 8:30 a.m. to 4:30 p.m., Monday through Friday, open through the lunch hour, closed weekends and holidays. Call 308-425-6288 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 Judiciary statewide schedule effective July 1, 2026 may list counter totals with additional statutory charges. Confirm the current amount with the clerk of the Franklin County Court before you file. |
| Local forms | Franklin County publishes no local probate form of its own. Use the Nebraska Judicial Branch estates forms and the statewide fax cover sheet where they fit. |
| E-filing | 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 with the uniform cover sheet under Neb. Ct. R. § 6-601(B), which every Nebraska court must accept until July 1, 2028. Ask the clerk whether non-attorney electronic filing 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's 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, 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). Franklin County sits in Nebraska's tenth county judge district, whose remote technology rule presumes in-person proceedings, requires contact with the clerk magistrate at least 5 days before the hearing for instructions, and requires hard-copy submission at least 48 hours before the hearing for exhibits or affidavits totaling more than 20 pages. |
| County judge district | Tenth county judge district (Neb. Rev. Stat. § 24-503). |
| Website | Franklin County Court: https://nebraskajudicial.gov/courts/franklin-county-court. Franklin County court contact page: https://franklincountyne.gov/county-court/. |
Before you begin — know the assets and liabilities
Before you choose a Franklin County filing path, list the decedent's assets, debts, account locations, real estate, vehicle titles, beneficiaries and possible creditor issues. Estate settlement is much easier when you know whether you need Letters from the Franklin County Court or whether an affidavit route might fit a specific asset.
Sunset's 2,300-institution asset discovery helps families find accounts and benefits before they file, so the probate packet matches the property that actually exists. That is especially useful in Franklin County because the court fee and the inheritance tax work depend on estate information that has to be accurate.
Which court handles jurisdiction
Probate for Franklin County is filed with the clerk of the Franklin County Court at 405 15th Avenue in the city of Franklin, or by mail to Franklin County Court, P.O. Box 174, Franklin, NE 68939. The court serves Franklin County, including Franklin and communities including Bloomington, Campbell, Hildreth, Naponee, Riverton and Upland.
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). Franklin County sits in Nebraska's tenth county judge district, which is how county judges and the county court's local rules are assigned; the estate 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 in the county where the decedent had domicile at death, or, if the decedent was not domiciled in Nebraska, in any county where the decedent's property was located at death (Neb. Rev. Stat. § 30-2410).
The jurisdiction process
- Choose the opening track. Informal probate starts with an application to the registrar, whose acts are performed by a county judge or by a person designated by written order, and the application is delivered to the clerk of the county court (Neb. Rev. Stat. § 30-2216). Formal probate starts with a petition to the court and proceeds with notice to interested persons.
- Gather the death certificate, the original will if there is one, names and addresses of interested persons, asset information, debts, real estate details and any information needed for Nebraska inheritance tax. If the estate may use the Affidavit for Transfer of Personal Property without Probate, form CC 15:40, review Neb. Rev. Stat. § 30-24,125 before opening a court case.
- File with the clerk of the Franklin County Court at 405 15th Avenue, Franklin, NE 68939, by mail to P.O. Box 174, Franklin, NE 68939, or, if you are filing without a lawyer, by fax to 308-425-6289 with the uniform cover sheet required by Neb. Ct. R. § 6-601(B). A Nebraska attorney must use electronic filing (Neb. Ct. R. § 2-202). Email submissions for court cases are not accepted under Neb. Ct. R. § 2-212.
- Pay the filing fee under Neb. Rev. Stat. § 33-125. The base fee is $22 for a probate proceeding commenced and closed informally, and the formal fee is based on the gross value of the Nebraska estate at death. Ask the clerk for the current counter total before sending payment.
- For informal probate, wait for the statutory timing rule. 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, the clerk publishes notice to creditors once a week for three successive weeks, with the first publication within 30 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 statute's limited extension procedure (Neb. Rev. Stat. § 30-2485).
- Give Department of Health and Human Services notice when required, including when the decedent was 55 or older or resided in a medical institution; a notice that does not follow the required manner is void (Neb. Rev. Stat. § 30-2483).
- Obtain Letters. The court issues letters testamentary for a will and letters of administration when there is no will; one certified copy of letters of appointment is provided without charge under Neb. Rev. Stat. § 33-125(2).
- Administer the estate by collecting assets, paying valid expenses and claims, preparing the inventory, and addressing Nebraska inheritance tax. The Franklin County Court determines the inheritance tax 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, § 77-2004).
- If a hearing is set and a remote hearing is needed, ask early. Under Neb. Rev. Stat. § 25-2704 and the tenth county judge district's remote technology rule, court proceedings are presumed in person; a party seeking remote technology must contact the clerk magistrate at least 5 days before the hearing for instructions.
- Distribute the remaining property and close the estate. Nebraska uses a closing statement for the applicable closing route under Neb. Rev. Stat. § 30-24,128.
Forms and documents
Probate forms in Franklin County
Franklin County publishes no local probate form of its own. The Nebraska Judicial Branch estates forms are partial, so you should not expect a fill-in-the-blank application or petition for every estate situation.
| Form or resource | Use | Where to find it |
|---|---|---|
| CC 15:40, Affidavit for Transfer of Personal Property without Probate | For the personal-property affidavit route under Neb. Rev. Stat. § 30-24,125. The form was revised July 2022, and the $100,000 personal-property ceiling was raised by LB 1124, signed April 18, 2022. | https://nebraskajudicial.gov/forms and the estates section at https://nebraskajudicial.gov/self-help/estates |
| CC 15:41, Affidavit for Transfer of Real Property without Probate | For the real-property affidavit route under Neb. Rev. Stat. § 30-24,129. It is recorded with the register of deeds in the county where the land is located, not filed to open a county court estate. The form was revised October 2025, and the $100,000 real-property ceiling was raised by LB 1195, signed April 15, 2024. | https://nebraskajudicial.gov/forms and the estates section at https://nebraskajudicial.gov/self-help/estates |
| 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), which every Nebraska court must accept until July 1, 2028. | https://nebraskajudicial.gov/sites/default/files/Ch6Art6App1.pdf |
| Flowchart for Informal Probate Filed with a Will, Testate | A Nebraska Judicial Branch flowchart for an uncontested estate with a will. It does not fit estates with no will, a contested will, or contested distribution issues. | https://nebraskajudicial.gov/self-help/estates |
The Judicial Branch has not provided a statewide application or petition form to start an estate. The Franklin County Court can accept filings, fees and questions about procedure, but it cannot draft your pleading or give legal advice.
Local nuance
Franklin County-specific considerations
| Local point | What it means for a Franklin County filing |
|---|---|
| Shared clerk magistrate | The same clerk magistrate serves both the Franklin County Court and the Harlan County Court under Neb. Rev. Stat. § 24-507, but Franklin County keeps its own courthouse and filing counter. File a Franklin County estate in the city of Franklin. |
| Hours should be confirmed before travel | The Franklin County website lists 8:30 a.m. to 4:30 p.m., Monday through Friday, open through the lunch hour, closed weekends and holidays. The Nebraska Judicial Branch listing for Franklin County does not list hours, so call 308-425-6288 before traveling. |
| Two published email addresses | The Nebraska Judicial Branch lists [email protected]. The Franklin County website also lists [email protected] for the same court office. Neither address is a filing route because email submissions for court cases are not allowed under Neb. Ct. R. § 2-212. |
| Remote technology rule | The tenth county judge district presumes court proceedings are in person. Under Neb. Rev. Stat. § 25-2704 and the district rule approved October 26, 2022, ask the clerk magistrate at least 5 days before the hearing for remote technology instructions; exhibits or affidavits totaling more than 20 pages must be delivered in hard copy at least 48 hours before the hearing. |
Recent updates
Scenarios
| Persona | Likely local path | Where Sunset helps |
|---|---|---|
| Surviving spouse with co-owned home | Confirm how the home is titled and whether any Franklin County Court authority is needed for assets that do not pass outside probate. If a court estate is needed, file in the Franklin County Court in the city of Franklin, and remember that Nebraska inheritance tax is determined by the county court and governed by beneficiary relationship and date of death (Neb. Rev. Stat. § 77-2004, § 77-2010). | Sunset helps identify accounts, title issues, debts and benefits before the spouse chooses an estate settlement path. |
| Out-of-state adult child with affidavit-sized assets | For qualifying personal property, the Affidavit for Transfer of Personal Property without Probate, form CC 15:40, is presented to the holder of the property rather than filed to open a court estate; the personal-property ceiling is $100,000 under Neb. Rev. Stat. § 30-24,125, raised by LB 1124 signed April 18, 2022. If Nebraska land is involved, the separate Affidavit for Transfer of Real Property without Probate, form CC 15:41, is recorded with the register of deeds under Neb. Rev. Stat. § 30-24,129; its $100,000 ceiling was raised by LB 1195 signed April 15, 2024. | Sunset helps sort bank, vehicle and land records so the child knows whether an affidavit route or a Franklin County Court filing is needed. |
| Parent settling predeceased child's estate, home must be sold | A sale of real estate can require county judge action because a clerk magistrate may hear uncontested estate matters but may not hear authorization to sell or mortgage real estate (Neb. Rev. Stat. § 24-519). File the estate in the Franklin County Court if Franklin County venue is proper under Neb. Rev. Stat. § 30-2410. | Sunset prepares the family for attorney review, organizes asset and debt information, and connects the parent with a local probate attorney when a sale order or contested issue may be involved. |
Self-help resources
| Resource | How it helps |
|---|---|
| Clerk of the Franklin County Court | 405 15th Avenue, Franklin, NE 68939. Mail: P.O. Box 174, Franklin, NE 68939. Phone 308-425-6288. Fax 308-425-6289. Email [email protected]; the county website also lists [email protected]. Email is for questions, not filings. Court page: https://nebraskajudicial.gov/courts/franklin-county-court. |
| Franklin County court contact page | https://franklincountyne.gov/county-court/. Lists the local court location, phone, fax, hours and a link to the Nebraska Judicial Branch online payment system. |
| Nebraska Online Legal Self-Help Center and estates section | https://nebraskajudicial.gov/self-help, https://nebraskajudicial.gov/self-help/estates, and https://nebraskajudicial.gov/self-help/estates/additional-information-estates. The online self-help materials explain estates, claims, deposit of wills, affidavit routes and the limits of self-help forms. |
| Forms and fax cover sheet | Use the Master Forms List at https://nebraskajudicial.gov/forms for CC 15:40 under Neb. Rev. Stat. § 30-24,125 and CC 15:41 under Neb. Rev. Stat. § 30-24,129. Use the uniform fax cover sheet under Neb. Ct. R. § 6-601(B) when fax filing without a lawyer. |
| Statewide case search | https://www.nebraska.gov/justice/case.cgi. Nebraska.gov provides access to JUSTICE trial court case information. A general search for a list of cases is free; viewing a case's details is $2, and frequent users can open an annual $100 subscriber account through Nebraska.gov. |
| 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 for people 60 and over in all 93 counties. Screening depends on household income, assets and legal issue; published practice areas focus on family, debt, housing and benefits rather than estate administration, and the organization takes no walk-ins. |
| Nebraska Free Legal Answers | https://ne.freelegalanswers.org/. Free Legal Answers lets qualifying users submit non-criminal civil legal questions online to volunteer Nebraska lawyers. Its published topic list does not include estates, and volunteers cannot represent anyone in court. |
| Limited Scope Representation | https://nebraskajudicial.gov/self-help. Nebraska's self-help materials include Limited Scope Representation information for hiring a lawyer for part of a case. |
When to hire an attorney
How Sunset helps
Find the accounts and assets. Sunset searches across 2,300 institutions and helps families organize accounts, benefits, debts and property before estate settlement decisions are made.
Generate the probate packet. Sunset turns the information you provide into a Franklin County-ready packet outline, with the right local court address, filing routes and Nebraska terminology.
Find a local probate attorney. When a Franklin County estate needs legal advice, a real estate sale, contested notice, or inheritance tax guidance, Sunset connects the family with a vetted attorney.
Sunset is free for families. Families can use Sunset to understand the estate settlement path, gather information and decide whether a court filing, affidavit route or attorney help is the next step.
Frequently asked questions
Where do I file probate in Franklin County, Nebraska?
File with the clerk of the Franklin County Court at 405 15th Avenue, Franklin, NE 68939, or mail filings to Franklin County Court, P.O. Box 174, Franklin, NE 68939. 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).
What are the Franklin County Court hours?
The Franklin County website lists 8:30 a.m. to 4:30 p.m., Monday through Friday, open through the lunch hour, closed weekends and holidays. Call 308-425-6288 before traveling, especially if you need to file near the end of the day.
Do I need a lawyer for a Franklin County estate?
Nebraska law allows a personal representative to proceed without a lawyer, but the Judicial Branch says filing an estate will most often require an attorney's help. Consider counsel if the estate has real estate to sell, inheritance tax questions, creditor disputes, missing heirs, a contested will, or formal probate with notice.
How much does Franklin County probate cost?
The filing fee is set by Nebraska statute, not by Franklin County. A probate proceeding commenced and closed informally is $22, with another $22 for each later petition or application in an informal proceeding; a formal probate uses a gross value schedule from $22 to $1,500 (Neb. Rev. Stat. § 33-125). Ask the clerk for the current counter total before mailing payment.
Can I avoid opening a Franklin County Court estate with an affidavit?
Possibly, but the affidavit route depends on the asset. For qualifying personal property, form CC 15:40, Affidavit for Transfer of Personal Property without Probate, is presented to the holder of the property under Neb. Rev. Stat. § 30-24,125; the $100,000 ceiling was raised by LB 1124 signed April 18, 2022. For qualifying Nebraska real property, form CC 15:41 is recorded with the register of deeds under Neb. Rev. Stat. § 30-24,129; that separate $100,000 ceiling was raised by LB 1195 signed April 15, 2024.
Is there a Nebraska inheritance tax, and who is paid in Franklin County?
Yes. Nebraska inheritance tax is determined by the Franklin County Court and paid to the county, with the tax due twelve months after the date of death (Neb. Rev. Stat. § 77-2010, § 77-2018.01, § 77-2004). 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.
Can I file by fax or email in Franklin County?
A person filing without a lawyer may use fax filing to 308-425-6289 with the uniform cover sheet under Neb. Ct. R. § 6-601(B), which every Nebraska court must accept until July 1, 2028. Nebraska attorneys must use electronic filing (Neb. Ct. R. § 2-202). Email submissions for court cases are not allowed under Neb. Ct. R. § 2-212.
Can I appear by phone or video for a Franklin County probate hearing?
Ask the clerk before the hearing. Nebraska law permits certain county court hearings by telephone or videoconference under Neb. Rev. Stat. § 25-2704, and Franklin County's tenth county judge district has a remote technology rule. The district rule presumes proceedings are in person and requires contact with the clerk magistrate at least 5 days before the hearing for instructions.
How do I look up a Franklin County estate case?
Use Nebraska.gov at https://www.nebraska.gov/justice/case.cgi for statewide trial court case information in JUSTICE. A general search for a list of cases is free; viewing case details is $2, and frequent users can open an annual $100 Nebraska.gov subscriber account. The same case information is free at any courthouse kiosk or law library.
Do I have to travel to Franklin to start the estate?
Not always. You may file in person at 405 15th Avenue, mail filings to P.O. Box 174, or, if filing without a lawyer, fax with the uniform cover sheet under Neb. Ct. R. § 6-601(B). If a hearing is set, the tenth county judge district presumes in-person proceedings, so ask the clerk about any request for remote technology under Neb. Rev. Stat. § 25-2704.
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.