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Garden County, NE Probate Information
Quick facts
| Item | Garden County details |
|---|---|
| Court | Garden County Court |
| Courthouse address | 611 Main Street, Oshkosh, NE 69154 |
| Mailing address | Garden County Court, P.O. Box 465, Oshkosh, NE 69154 |
| Phone | 308-772-3696 |
| Fax | 308-772-0149 |
| [email protected], for questions, not filings. Email filings are not allowed in Nebraska court cases (Neb. Ct. R. § 2-212). | |
| Hours | Both public listings give 8:00 a.m. to 4:00 p.m. on Monday through Friday. The Nebraska Judicial Branch page says the office is closed from 11:30 a.m. to 12:30 p.m. for lunch; Garden County's County Court page says the office is open through the lunch hour. Call 308-772-3696 before traveling around midday. |
| 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 Judicial Branch statewide schedule effective July 1, 2026 lists informal-opening counter totals of $44, or $45 for a testate matter. Confirm the current amount with the clerk of the Garden County Court before you file. |
| Local forms | Garden County publishes no local probate form, local cover sheet, or local probate instruction sheet. Use the Nebraska Judicial Branch estates materials and any pleading prepared for your specific case. |
| E-filing | A Nebraska attorney must use electronic filing (Neb. Ct. R. § 2-202). A person filing without a lawyer is not required to use electronic filing 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 before relying on any non-attorney registration under Neb. Ct. R. § 2-216. |
| 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 has no charge; viewing case 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 available at no charge 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). Garden County sits in Nebraska's twelfth county judge district, whose remote hearing rule lets the county judge use technology such as telephone, Zoom, or WebEx for certain hearings, including probate matters. Ask the clerk how to request that procedure for your hearing. |
| County judge district | Nebraska's twelfth county judge district, assigned under Neb. Rev. Stat. § 24-503 |
| Website | Garden County Court Judicial Branch page: https://nebraskajudicial.gov/courts/garden-county-court. Garden County Court county page: https://gardencounty.ne.gov/county-court/. |
Before you begin — know the assets and liabilities
Before you choose a Garden County probate path, make a practical inventory of the estate. List bank and investment accounts, vehicles, personal property, real estate, debts, medical bills, tax issues, and whether an original will exists. Estate settlement moves faster when you know whether letters are needed, whether an affidavit route may work, and whether a Garden County real property transfer is involved.
Sunset's asset discovery checks more than 2,300 financial institutions to help families find accounts and assets before they file. That matters in Garden County because the county court filing, any affidavit route, creditor notice, and the Nebraska inheritance tax all depend on what the estate owns and owes.
Which court handles jurisdiction
Probate for Garden County is filed with the clerk of the Garden County Court at 611 Main Street in Oshkosh, Nebraska. Mail for a Garden County estate filing goes to Garden County Court, P.O. Box 465, Oshkosh, NE 69154.
Garden County includes the communities of Lewellen, Lisco, and Oshkosh, with Oshkosh serving as the county seat. 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 (Neb. Rev. Stat. § 30-2410).
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). Garden County sits in Nebraska's twelfth county judge district, which is how county judges and county court local rules are assigned; the Garden County case itself is filed at this county's own courthouse (Neb. Rev. Stat. § 24-502, § 24-503).
The jurisdiction process
- Choose the track before you prepare papers. An informal probate uses an application to the registrar, whose acts are performed by a county judge or by a person designated by the court in a written order (Neb. Rev. Stat. § 30-2216). A formal probate uses a petition to the court and proceeds with notice.
- Gather the certified death certificate, the original will if there is one, names and addresses of interested persons, a working asset list, debt information, and any facts needed for the Garden County filing.
- Deliver the application or petition to the clerk of the Garden County Court at 611 Main Street in Oshkosh, by mail to P.O. Box 465, Oshkosh, NE 69154, or, if you are filing without a lawyer, by fax to 308-772-0149 with the uniform fax cover sheet required for fax filing under Neb. Ct. R. § 6-601(B). A Nebraska attorney must file electronically (Neb. Ct. R. § 2-202). Do not use email for court filings (Neb. Ct. R. § 2-212).
- Pay the filing fee set by Neb. Rev. Stat. § 33-125. The base informal amount is $22 for a probate proceeding commenced and closed informally, while formal probate uses the statutory gross value schedule. Call 308-772-3696 before an in-person visit around midday because the public hours differ on whether the office closes for lunch.
- 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 of a personal representative, notice to creditors is published by the clerk once a week for three successive weeks, with the first publication within thirty days after appointment (Neb. Rev. Stat. § 30-2483). Claims covered by the published notice are generally barred two months after the first publication (Neb. Rev. Stat. § 30-2485). If the decedent was 55 or older or resided in a medical institution, address the Department of Health and Human Services notice requirement in Neb. Rev. Stat. § 30-2483.
- Obtain Letters. Nebraska uses letters testamentary for a testate estate and letters of administration for an intestate estate, and one certified copy of letters of appointment is provided without charge under Neb. Rev. Stat. § 33-125(2).
- Administer the estate settlement. Collect assets, keep records, address valid claims, prepare the inventory, and determine whether any Garden County real property issue requires a county judge rather than action by a clerk magistrate (Neb. Rev. Stat. § 24-507, § 24-519).
- Address Nebraska inheritance tax. Nebraska is one of the few states with an inheritance tax, and it is a county tax: the Garden 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 whether death was before or on or after January 1, 2023 (Neb. Rev. Stat. § 77-2004).
- Distribute and close. After assets, creditor issues, tax issues, and court requirements are handled, the personal representative distributes the remaining property and files the closing statement when the Nebraska Probate Code allows it (Neb. Rev. Stat. § 30-24,128).
Forms and documents
Probate forms in Garden County
Garden County publishes no local probate form, local cover sheet, or local probate instruction sheet. Its County Court page points families to Nebraska Judicial Branch self-help materials rather than Garden County paperwork.
The Nebraska Judicial Branch has a partial estates form set. It includes 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 personal property ceiling was raised to $100,000 by 2022 Neb. Laws LB 1124, signed April 18, 2022; the real property ceiling was raised to $100,000 by 2024 Neb. Laws LB 1195, signed April 15, 2024.
The same statewide materials include an informal-probate flowchart for a testate, uncontested matter. That flowchart does not cover cases with no will, a contested will, or a contested estate or distribution, and it is available through nebraskajudicial.gov.
There is no statewide Nebraska application or petition form that opens an estate. The clerk of the Garden County Court receives filings, but court employees cannot create your legal paperwork or give legal advice.
If you file by fax without a lawyer, include the uniform fax cover sheet as the first page. Fax filing for non-attorneys is governed by Neb. Ct. R. § 6-601(B), and that rule runs until July 1, 2028 unless changed by the Nebraska Supreme Court.
Local nuance
Garden County-specific considerations
| Local point | What it means in Garden County |
|---|---|
| Lunch-hour hours conflict | Both public listings give 8:00 a.m. to 4:00 p.m. on Monday through Friday. The Nebraska Judicial Branch listing for Garden County Court says the office is closed from 11:30 a.m. to 12:30 p.m. for lunch. Garden County's County Court page says the office is open through the lunch hour. Call 308-772-3696 before traveling around midday. |
| No local probate paperwork | Garden County publishes no local probate form, local cover sheet, or local instruction sheet for estate filings. Use the statewide estates materials and case-specific documents. |
| District 12 remote hearing procedure | Garden County is in Nebraska's twelfth county judge district (Neb. Rev. Stat. § 24-503). Nebraska law allows qualifying hearings by telephone or videoconference (Neb. Rev. Stat. § 25-2704), and the district 12 technology rule says its procedure covers probate matters. The judge controls whether technology is used in a particular hearing. |
Recent updates
Scenarios
| Situation | Likely Garden County path | Where Sunset helps |
|---|---|---|
| Surviving spouse with a co-owned home | Start with title and asset review. If only personal property needs transfer and the statutory conditions fit, CC 15:40 may be presented to the holder under Neb. Rev. Stat. § 30-24,125 after the required waiting period, with a $100,000 ceiling raised by LB 1124, signed April 18, 2022. If Garden County real property must pass by affidavit, CC 15:41 is recorded with the Garden County Register of Deeds under Neb. Rev. Stat. § 30-24,129, with its own $100,000 ceiling raised by LB 1195, signed April 15, 2024. Otherwise, file with the clerk of the Garden County Court. | Sunset helps identify accounts, confirm whether the home and financial accounts need probate, and organize the estate settlement packet before filing. |
| Out-of-state adult child with a small estate | If the personal property affidavit route applies, you may not need a trip to Oshkosh because the CC 15:40 affidavit is presented to the property holder under Neb. Rev. Stat. § 30-24,125, not filed with the county court. If Letters are needed, file by mail to P.O. Box 465, Oshkosh, NE 69154, or, if self-represented, by fax to 308-772-0149 with the uniform cover sheet under Neb. Ct. R. § 6-601(B). | Sunset helps find accounts, sort affidavit eligibility from court filing needs, and connect you with a Nebraska probate attorney if a filing or hearing is needed. |
| Parent settling a predeceased child's estate, home must be sold | An affidavit is not enough for an estate that must open authority to sell a home. File the application or petition with the clerk of the Garden County Court. A matter involving determination of title to real estate or authorization to sell or mortgage real estate goes to a county judge, not a clerk magistrate (Neb. Rev. Stat. § 24-507, § 24-519). Creditor claims tied to published notice are barred two months after first publication (Neb. Rev. Stat. § 30-2485), and the Garden County Court determines Nebraska inheritance tax under Neb. Rev. Stat. § 77-2004 and § 77-2018.01. | Sunset helps assemble real estate, debt, and beneficiary information for estate settlement and can connect the family with a local probate attorney for sale authority and tax steps. |
Self-help resources
| Resource | How it helps |
|---|---|
| Clerk of the Garden County Court | 611 Main Street, Oshkosh, NE 69154. Mail: P.O. Box 465, Oshkosh, NE 69154. Phone 308-772-3696. Fax 308-772-0149. Email [email protected] for questions, not filings. Call around midday because the public hours differ on whether the office closes for lunch. |
| Garden County Court county page | https://gardencounty.ne.gov/county-court/. The page lists local contact information and links to Nebraska Judicial Branch self-help information. |
| Garden County Register of Deeds | Phone 308-772-3924. This is the office for recording the real property affidavit under Neb. Rev. Stat. § 30-24,129. The office lists 8:00 a.m. to 4:00 p.m. on Monday through Friday and open through the lunch hour. Page: https://gardencounty.ne.gov/register-of-deeds/. |
| Nebraska Online Legal Self-Help Center | https://nebraskajudicial.gov/self-help. Nebraska's self-help center is online, not a courthouse counter, and court employees cannot give legal advice. |
| Estates section and Additional Information: Estates | https://nebraskajudicial.gov/self-help/estates and https://nebraskajudicial.gov/self-help/estates/additional-information-estates. These pages explain Nebraska estate processes, affidavits, claims, and the Judicial Branch's statement that the law allows self-representation but estate filings most often require attorney help. |
| Affidavit forms CC 15:40 and CC 15:41 | CC 15:40 is for transfer of personal property under Neb. Rev. Stat. § 30-24,125. CC 15:41 is for transfer of real property under Neb. Rev. Stat. § 30-24,129. Forms: https://nebraskajudicial.gov/sites/default/files/CC-15-40.pdf and https://nebraskajudicial.gov/sites/default/files/CC-15-41.pdf. |
| Uniform fax cover sheet | Use the uniform fax cover sheet as the first page for a non-attorney fax filing under Neb. Ct. R. § 6-601(B). Form: https://nebraskajudicial.gov/sites/default/files/Ch6Art6App1.pdf. |
| Statewide case search | https://www.nebraska.gov/justice/case.cgi. The search uses JUSTICE through Nebraska.gov. A general list search has no charge; viewing case details is $2, with no extra charge for document images. Case information is available at no charge at courthouse kiosks and law libraries. |
| 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, through legalaidofnebraska.org. ElderAccessLine 1.800.527.7249 serves people 60 and over in all Nebraska counties. Its published practice areas are family, debt, housing, and benefits rather than estate administration, and it takes no walk-ins. |
| Nebraska Free Legal Answers | https://ne.freelegalanswers.org/. Free Legal Answers lets qualifying users post non-criminal civil legal questions to Nebraska-licensed volunteer attorneys. Its published 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 filing an estate will most often require an attorney's help, and Garden County publishes no local probate form for the application or petition that opens an estate. The clerk of the Garden County Court receives filings but cannot give legal advice, so Limited Scope Representation through nebraskajudicial.gov can be a practical middle ground when you need help with part of the case. Legal Aid of Nebraska can screen callers through 1.877.250.2016, but estate administration is not listed among its published practice areas. Sunset connects families to a vetted local probate attorney.
How Sunset helps
Find the accounts and assets. Sunset searches across more than 2,300 financial institutions and helps families build the inventory needed for Garden County estate settlement.
Generate the probate packet. Sunset helps organize the information needed for an informal application, formal petition, affidavit decision, creditor notice planning, and inheritance tax steps in Nebraska.
Find a local probate attorney. When a Garden County estate involves real estate, a contested issue, missing paperwork, or a formal hearing, Sunset can connect the family with a vetted Nebraska probate attorney.
Sunset is free for families. Families can use Sunset to understand the estate settlement path, gather documents, and decide whether to file in Garden County Court, use an affidavit route, or get attorney help.
Frequently asked questions
Where do I file probate in Garden County?
File with the clerk of the Garden County Court at 611 Main Street in Oshkosh, Nebraska. Mail goes to Garden County Court, P.O. Box 465, Oshkosh, NE 69154. 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 Garden County Court hours, and is the office closed for lunch?
Both public listings give 8:00 a.m. to 4:00 p.m. on Monday through Friday. The Nebraska Judicial Branch listing says the Garden County Court office is closed from 11:30 a.m. to 12:30 p.m. for lunch. Garden County's County Court page says the office is open through lunch. Call 308-772-3696 before traveling around midday.
Do I need a lawyer for probate in Garden County?
Nebraska law allows self-representation, but the Judicial Branch says estate filings most often require attorney help. That is especially true if there is no local Garden County form for the opening document, if the will or heirs are disputed, if real estate must be sold, or if inheritance tax questions need analysis under Neb. Rev. Stat. § 77-2004.
How much does probate cost to file in Garden County?
The filing fee is set by state law, not by Garden County. The base informal fee is $22 for a probate proceeding commenced and closed informally, with a formal schedule based on the gross value of the Nebraska estate at death and running up to $1,500 for estates over $5,000,000 (Neb. Rev. Stat. § 33-125). The Judicial Branch statewide schedule effective July 1, 2026 lists informal-opening counter totals of $44, or $45 for a testate matter. Confirm the amount before filing.
Can I avoid probate with an affidavit in Garden County?
Sometimes. For personal property, CC 15:40 may be presented to the holder if the statutory conditions fit, including the $100,000 ceiling in Neb. Rev. Stat. § 30-24,125, raised by LB 1124, signed April 18, 2022. For Garden County real property, CC 15:41 is recorded with the register of deeds under Neb. Rev. Stat. § 30-24,129, with its own $100,000 ceiling raised by LB 1195, signed April 15, 2024. Do not file either affidavit with the county court as the method for opening probate.
Can I file by fax or email in Garden County?
A self-represented filer may file by fax to 308-772-0149 with the uniform fax cover sheet under Neb. Ct. R. § 6-601(B), which every Nebraska court must accept from non-attorneys until July 1, 2028. A Nebraska attorney must use electronic filing under Neb. Ct. R. § 2-202. Email filings are not allowed in Nebraska court cases (Neb. Ct. R. § 2-212).
Can I appear by phone or video for a Garden County probate hearing?
The court may allow telephone or videoconference for all nonevidentiary hearings, and for evidentiary hearings approved by the court with the stipulation of all appearing parties (Neb. Rev. Stat. § 25-2704). Garden County is in the twelfth county judge district, whose technology rule covers probate matters and lets the judge use tools such as telephone, Zoom, or WebEx for certain hearings. Ask the clerk how to request the procedure for your hearing.
How do I look up a Garden County estate case?
Use the Nebraska.gov JUSTICE trial court search at https://www.nebraska.gov/justice/case.cgi. A general search for a list of cases has no charge; viewing case 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 available at no charge at courthouse kiosks and law libraries.
Is there a Nebraska inheritance tax in Garden County, and who gets paid?
Yes. Nebraska inheritance tax is a county tax: the Garden 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 whether the death was before or on or after January 1, 2023 (Neb. Rev. Stat. § 77-2004).
Do I have to travel to Oshkosh to start a Garden County estate?
Not always. If an affidavit route fits, the personal property affidavit under Neb. Rev. Stat. § 30-24,125 is presented to the holder, and the real property affidavit under Neb. Rev. Stat. § 30-24,129 is recorded with the register of deeds. If a court case must be opened, a self-represented filer may file by mail or by fax with the uniform cover sheet under Neb. Ct. R. § 6-601(B). Call the clerk before relying on any non-attorney electronic filing registration under Neb. Ct. R. § 2-216.
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.