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Garfield County, NE Probate Information
Quick facts
| Item | Details |
|---|---|
| Court | Garfield County Court |
| Courthouse address | 250 South 8th, Burwell, NE 68823 |
| Mailing address | Garfield County Court, P.O. Box 431, Burwell, NE 68823 |
| Phone | 308-346-4123 |
| Fax | 308-346-4069 |
| [email protected], for questions, not filings. Email filings are not allowed in Nebraska court cases (Neb. Ct. R. § 2-212). | |
| Hours | The Nebraska Judicial Branch lists Tuesday, Wednesday, Friday, and the third, fourth, and occasional Mondays, 8:00 a.m. to 5:00 p.m. The Garfield County website lists weekday hours of 8:30 a.m. to 12:30 p.m. and 1:00 p.m. to 4:00 p.m. Call 308-346-4123 to confirm the office is staffed before traveling to Burwell. |
| Filing fee | $22 for a probate proceeding commenced and closed informally under Neb. Rev. Stat. § 33-125; the Judicial Branch schedule effective July 1, 2026 lists counter totals of $44 for an informal intestate opening and $45 for an informal testate opening. 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). Confirm the current amount with the clerk of the Garfield County Court before filing. |
| Local forms | Garfield County publishes no probate form, local cover sheet, or local instruction sheet of its own. Use the Nebraska Judicial Branch forms and the uniform fax cover sheet where applicable. |
| 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 attorney 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 optional non-attorney registration under Neb. Ct. R. § 2-216. |
| 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. A general search for a list of cases is at no charge; viewing a case's details costs $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 the stipulation of all appearing parties, by telephone or videoconference (Neb. Rev. Stat. § 25-2704). District 8 Rule 8-2 requires a motion at least 5 days before a non-evidentiary remote hearing, or at least 3 days before a request to appear remotely at a hearing not already set that way. |
| County judge district | Garfield County is in Nebraska's eighth county judge district, which assigns county judges and county court local rules (Neb. Rev. Stat. § 24-503). |
| Website | https://nebraskajudicial.gov/courts/garfield-county-court and https://garfieldcounty.ne.gov/county-court/ |
Before you begin — know the assets and liabilities
Before you file anything in Garfield County, make an asset list, a debt list, the death certificate, and any original will. Nebraska venue turns on the decedent's domicile or, for a nonresident, the county where property was located, so the first estate settlement question is whether Garfield County is the right county (Neb. Rev. Stat. § 30-2410).
Sunset's 2,300-institution asset discovery can help identify accounts, insurance, and other property before you choose the affidavit route, informal probate, or formal probate. That preparation matters in Garfield County because local forms are not published and the clerk's office schedule should be confirmed before any in-person trip.
Which court handles jurisdiction
Probate for Garfield County is filed with the clerk of the Garfield County Court at 250 South 8th, Burwell, NE 68823, with mail sent to P.O. Box 431, Burwell, NE 68823. Burwell is the county seat, and the Garfield County website lists Burwell as the county's named city or village.
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). Garfield County sits in Nebraska's eighth county judge district, which is how county judges and county court 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 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). The clerk of the Garfield County Court is a clerk magistrate under Neb. Rev. Stat. § 24-507, and the same clerk magistrate also serves Wheeler County; that staffing arrangement does not change where a Garfield County estate is filed.
The jurisdiction process
- Choose the filing track. 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, 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 to interested persons.
- Gather the certified death certificate, the original will if there is one, names and addresses for interested persons, and information about assets and liabilities. Informal probate cannot issue until at least one hundred twenty hours have elapsed since death (Neb. Rev. Stat. § 30-2415).
- File with the clerk of the Garfield County Court. Deliver the application or petition in person at 250 South 8th in Burwell after calling 308-346-4123 to confirm an open day, mail it to P.O. Box 431, Burwell, NE 68823, or, if you are filing without a lawyer, fax it to 308-346-4069 with the uniform cover sheet under Neb. Ct. R. § 6-601(B). A Nebraska attorney must file electronically (Neb. Ct. R. § 2-202).
- Pay the filing fee required by Neb. Rev. Stat. § 33-125. The base fee is $22 for a probate proceeding commenced and closed informally; a formal probate is charged under the statutory schedule keyed to the gross value of the Nebraska estate at death (Neb. Rev. Stat. § 33-125).
- After appointment, the clerk publishes notice to creditors once a week for three successive weeks, with the first publication within 30 days after appointment, and the party or attorney must mail the published notice as required by law (Neb. Rev. Stat. § 30-2483). Claims are generally barred two months after the first publication if notice is given properly (Neb. Rev. Stat. § 30-2485).
- Give Department of Health and Human Services notice if the decedent was 55 or older or resided in a medical institution, because that notice is part of Nebraska's creditor notice statute (Neb. Rev. Stat. § 30-2483).
- Obtain Letters after the court appoints the personal representative. Nebraska uses 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 in a formal probate (Neb. Rev. Stat. § 33-125).
- Administer the estate by identifying assets, handling creditor claims, preparing the inventory, and addressing Nebraska inheritance tax. The Garfield County Court determines inheritance tax and it is paid to the county; the tax 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, file the required District 8 motion. Under Neb. Rev. Stat. § 25-2704 and District 8 Rule 8-2, a non-evidentiary request generally requires a motion at least 5 days before the hearing, while a request to appear remotely at a hearing not already scheduled that way generally requires a motion at least 3 days before.
- Distribute property only after the estate is ready for distribution, then close the estate. A closing statement is a Nebraska closing route when the statutory requirements are met (Neb. Rev. Stat. § 30-24,128).
Forms and documents
Probate forms in Garfield County
Garfield County publishes no probate form, local cover sheet, or local instruction sheet of its own. The Nebraska Judicial Branch does publish selected estate forms, but not a statewide form for the application or petition that opens an estate.
| Form or resource | Use |
|---|---|
| CC 15:40, Affidavit for Transfer of Personal Property without Probate | Used for the personal property affidavit under Neb. Rev. Stat. § 30-24,125. The form revision listed in the state materials is July 2022. |
| CC 15:41, Affidavit for Transfer of Real Property without Probate | Used for the real property affidavit recorded with the register of deeds under Neb. Rev. Stat. § 30-24,129. The form revision listed in the state materials is October 2025. |
| Uniform fax cover sheet | Required as the first page of a fax filing by a person without a lawyer under Neb. Ct. R. § 6-601(B). The fax number for the Garfield County Court is 308-346-4069. |
| Informal probate flowchart | The Nebraska Judicial Branch provides a flowchart at nebraskajudicial.gov for informal probate filed with a will. It does not apply when there is no will, when the will is contested, or when the estate or distribution is contested. |
Local nuance
Garfield County-specific considerations
| Local point | What it means for filing |
|---|---|
| Published hours conflict | The Nebraska Judicial Branch lists the Garfield County Court office as open Tuesday, Wednesday, Friday, and the third, fourth, and occasional Mondays, 8:00 a.m. to 5:00 p.m. The Garfield County website lists weekday hours of 8:30 a.m. to 12:30 p.m. and 1:00 p.m. to 4:00 p.m. Call 308-346-4123 before traveling because the conflict is about which days the office is staffed. |
| Shared clerk magistrate | The clerk of the Garfield County Court is a clerk magistrate, and the same clerk magistrate serves Garfield and Wheeler counties (Neb. Rev. Stat. § 24-507). That is a staffing arrangement only. File a Garfield County estate with the Garfield County Court in Burwell. |
| No Garfield County probate packet | Garfield County publishes no probate form, local cover sheet, or instruction sheet of its own. Use Nebraska Judicial Branch estate materials and the uniform fax cover sheet when fax filing under Neb. Ct. R. § 6-601(B). |
| Real property affidavit office | The Affidavit for Transfer of Real Property without Probate is recorded with the Garfield County Register of Deeds at 250 South 8th in Burwell, not filed with the court, when the requirements of Neb. Rev. Stat. § 30-24,129 are met. |
Recent updates
Scenarios
| Archetype | Likely Garfield County path | Where Sunset helps |
|---|---|---|
| Surviving spouse w/ co-owned home | Start by checking how the home and accounts are titled. If personal property is within the $100,000 ceiling and at least 30 days have passed, CC 15:40 may be presented to the holder under Neb. Rev. Stat. § 30-24,125 rather than filed with the court. If Nebraska real property fits its separate affidavit route, CC 15:41 is recorded with the Garfield County Register of Deeds under Neb. Rev. Stat. § 30-24,129. | Sunset identifies accounts and helps decide whether the estate settlement can use an affidavit or needs Letters from the Garfield County Court. |
| Out-of-state adult child w/ small estate | If the personal property affidavit is available, the child may be able to present CC 15:40 directly to the holder after 30 days under Neb. Rev. Stat. § 30-24,125. If Letters are needed, filing can be made by mail to P.O. Box 431, Burwell, NE 68823, or by fax to 308-346-4069 with the uniform cover sheet under Neb. Ct. R. § 6-601(B) if filing without a lawyer. | Sunset gathers asset information, prepares a probate packet when court authority is needed, and helps reduce unnecessary travel to Burwell. |
| Parent settling predeceased child's estate, home must be sold | A sale usually requires opening the estate in the Garfield County Court. A clerk magistrate may handle some uncontested estate matters, but an authorization to sell or mortgage real estate is not heard by a clerk magistrate (Neb. Rev. Stat. § 24-519, § 24-507). Notice to creditors and inheritance tax also need to be addressed (Neb. Rev. Stat. § 30-2483, § 30-2485, § 77-2004). | Sunset helps locate accounts, organize real property information, generate the estate settlement paperwork, and connect the family with a vetted probate attorney when a sale or court order is needed. |
Self-help resources
Nebraska self-help resources are online. Court employees can answer procedural questions, but they cannot give legal advice or choose forms for you.
| Resource | How it helps |
|---|---|
| Clerk of the Garfield County Court | 250 South 8th, Burwell, NE 68823. Mail: P.O. Box 431, Burwell, NE 68823. Phone 308-346-4123. Fax 308-346-4069. Email [email protected] for questions, not filings. Call ahead because published schedules conflict. |
| Garfield County Court page | https://nebraskajudicial.gov/courts/garfield-county-court and https://garfieldcounty.ne.gov/county-court/. The county page links the Nebraska Judicial Branch payment system and does not publish a local probate form. |
| Garfield County Register of Deeds | 250 South 8th, Burwell, NE 68823. Phone 308-346-4161. The real property affidavit is recorded with the register of deeds under Neb. Rev. Stat. § 30-24,129. |
| Nebraska Online Legal Self-Help Center | https://nebraskajudicial.gov/self-help. This is the statewide online self-help site, including filing rules and Limited Scope Representation information through nebraskajudicial.gov. |
| Estates section | https://nebraskajudicial.gov/self-help/estates and https://nebraskajudicial.gov/self-help/estates/additional-information-estates. These pages explain estate processes, the affidavit routes, and the limits of self-help materials. |
| Affidavit forms | CC 15:40 for personal property under Neb. Rev. Stat. § 30-24,125 and CC 15:41 for real property under Neb. Rev. Stat. § 30-24,129 are available through nebraskajudicial.gov. |
| Uniform fax cover sheet | Available through nebraskajudicial.gov and required for fax filing by a person without a lawyer under Neb. Ct. R. § 6-601(B). |
| Statewide case search | https://www.nebraska.gov/justice/case.cgi. Nebraska.gov provides JUSTICE trial court case searching; a general search returns a case list at no charge, viewing details costs $2, and frequent users can use an annual $100 subscriber account. |
| Legal Aid of Nebraska | https://legalaidofnebraska.org/how-we-help/. Statewide AccessLine 1.877.250.2016 and ElderAccessLine 1.800.527.7249 for people 60 and over. Screening depends on income, assets, and legal issue; estate administration is not listed as a published practice area. |
| Nebraska Free Legal Answers | https://ne.freelegalanswers.org/. Free Legal Answers lets qualifying users post civil legal questions for 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 that filing an estate will most often require an attorney's help, and that the Self-Help Center cannot supply forms for every situation; that matters in Garfield County because no local opening packet is published and the clerk accepts filings but cannot give legal advice. Limited Scope Representation information is available through nebraskajudicial.gov, and Legal Aid of Nebraska's AccessLine at 1.877.250.2016 screens by income, assets, and legal issue even though estate administration is not listed as a published practice area. Sunset connects families in Garfield County to a vetted local probate attorney.
How Sunset helps
Find the accounts and assets. Sunset searches across more than 2,300 institutions to help families identify bank accounts, investments, insurance, and other property before choosing a Garfield County estate settlement path.
Generate the probate packet. When court authority is needed, Sunset organizes the information needed for a Garfield County Court filing, including the asset inventory, interested-person details, and documents a personal representative will need.
Find a local probate attorney. If the estate involves a home sale, a dispute, inheritance tax questions, or a formal probate with notice, Sunset can connect the family with a vetted Nebraska probate attorney.
Sunset is free for families. Sunset helps families move from asset discovery to estate settlement without charging families for the core probate-support workflow.
Frequently asked questions
Where do I file probate in Garfield County?
File with the clerk of the Garfield County Court at 250 South 8th, Burwell, NE 68823, or mail filings to P.O. Box 431, Burwell, NE 68823. Nebraska district courts do not hear probate; the county court has exclusive original jurisdiction over decedents' estates (Neb. Rev. Stat. § 24-517).
Which days is the Garfield County Court office open in Burwell?
Published schedules conflict. The Nebraska Judicial Branch lists Tuesday, Wednesday, Friday, and the third, fourth, and occasional Mondays, 8:00 a.m. to 5:00 p.m. The Garfield County website lists weekday hours of 8:30 a.m. to 12:30 p.m. and 1:00 p.m. to 4:00 p.m. Call 308-346-4123 before you travel.
Can I file by fax or email in Garfield County?
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 from non-attorneys until July 1, 2028. The Garfield County Court fax number is 308-346-4069. Email filings are not allowed in Nebraska court cases (Neb. Ct. R. § 2-212).
Do I need a lawyer for Garfield County probate?
Nebraska law allows self-representation, but the Judicial Branch says filing an estate will most often require an attorney's help. In Garfield County, a lawyer is especially useful if there is no will, a dispute, a home sale, inheritance tax work, or no clear form for the opening application or petition.
How much does probate cost in Garfield County?
The base fee is $22 for a probate proceeding commenced and closed informally under Neb. Rev. Stat. § 33-125; the Judicial Branch schedule effective July 1, 2026 lists counter totals of $44 for an informal intestate opening and $45 for an informal testate opening. Formal probate uses the statutory schedule based on the gross value of the Nebraska estate at death, from $22 to $1,500 (Neb. Rev. Stat. § 33-125). Confirm the current total with the clerk before filing.
Can I avoid opening probate with an affidavit?
Possibly. The Affidavit for Transfer of Personal Property without Probate, form CC 15:40, is used for personal property when the requirements of Neb. Rev. Stat. § 30-24,125 are met, including the $100,000 ceiling and 30 days after death. The 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 when that separate real property route is available.
Is there a Nebraska inheritance tax in Garfield County probate?
Yes. Nebraska has an inheritance tax, and it is a county tax: the Garfield 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. § 77-2004, § 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).
Can I attend a Garfield County probate hearing by phone or video?
Nebraska law allows all nonevidentiary county court hearings, and evidentiary hearings approved by the court with the stipulation of all appearing parties, to be heard by telephone or videoconference (Neb. Rev. Stat. § 25-2704). District 8 Rule 8-2 requires advance motion practice, including at least 5 days for a non-evidentiary remote hearing request and at least 3 days to appear remotely at a hearing not already set that way.
How do I look up a Garfield County estate case?
Use Nebraska.gov at https://www.nebraska.gov/justice/case.cgi. The statewide JUSTICE search returns general case lists at no charge, viewing case details costs $2, and frequent users can use an annual $100 Nebraska.gov subscriber account.
Do I have to travel to Burwell to start the estate?
Not always. A filing can be mailed to the Garfield County Court, and a person without a lawyer may use fax filing with the uniform cover sheet under Neb. Ct. R. § 6-601(B). If a hearing is set, ask the clerk about the District 8 remote hearing procedure 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.