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Hamilton County, NE Probate Information
Quick facts
| Item | Hamilton County details |
|---|---|
| Court | Hamilton County Court |
| Courthouse address | 1111 13th Street, Aurora, NE 68818. No room or suite number is published for the county court counter, so call before you go. |
| Mailing address | Hamilton County Court, P.O. Box 323, Aurora, NE 68818 |
| Phone | 402-694-6188 |
| Fax | 402-694-2250. A person filing without a lawyer may file by fax with the uniform cover sheet under Neb. Ct. R. § 6-601(B). |
| [email protected], for questions only. Email filings are not allowed in Nebraska court cases (Neb. Ct. R. § 2-212). | |
| Hours | 8:00 am to 5:00 pm, Monday through Friday. Call 402-694-6188 to confirm before traveling. |
| Filing fee | Under the Nebraska fee statute used for this August 2026 review, $22 for a probate proceeding commenced and closed informally, with another $22 for each later petition or application in an informal proceeding; formal probate is charged by the gross value of the Nebraska estate at death, from $22 for 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 Hamilton County Court before you file. |
| Local forms | Hamilton County does not publish a county probate packet or county checklist. Use the Nebraska Judicial Branch estate forms and the uniform fax cover sheet. |
| E-filing | Nebraska attorneys 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); ask the clerk whether non-attorney electronic 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 at https://www.nebraska.gov/justice/case.cgi. A general search for lists of cases has no charge; viewing case details is $2 with no extra charge for document images, a one-time party-name search is $17 and returns up to 30 records, and frequent users can open a Nebraska.gov subscriber account for an annual $100. The same case information is available without charge at a 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 (Neb. Rev. Stat. § 25-2704). Hamilton County is in Nebraska's fifth county judge district, whose Remote Hearings rule requires a request at least 48 hours before the hearing and court contact at least 24 hours before an approved remote appearance. |
| County judge district | Fifth county judge district. A county judge district assigns county judges and local rules; it does not move a Hamilton County filing away from Aurora (Neb. Rev. Stat. § 24-503). |
| Website | https://nebraskajudicial.gov/courts/hamilton-county-court |
Before you begin — know the assets and liabilities
Before you file anything in Hamilton County, identify the assets, debts, account titles, beneficiary designations, real estate, and likely creditors. Nebraska's informal probate path, formal probate path, two affidavit routes, creditor notice, and inheritance tax questions all depend on what exists and how it is titled.
Sunset's estate settlement process starts with asset discovery across more than 2,300 financial institutions, then uses what is found to help the family decide whether a Hamilton County court filing, a no-probate affidavit, or attorney help is the right next step.
Which court handles jurisdiction
Probate for Hamilton County is filed with the clerk of the Hamilton County Court at 1111 13th Street in Aurora, the county seat. Mail for the court goes to P.O. Box 323, Aurora, NE 68818.
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). Nebraska has a county court in and for each county, located at the county seat (Neb. Rev. Stat. § 24-502).
Hamilton County sits in Nebraska's fifth county judge district. That district 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. § 24-503).
Venue for the first informal or formal testacy or appointment proceeding is the county of the decedent's domicile at death, or, if the decedent was not domiciled in Nebraska, any county where the decedent's property was located. Later proceedings stay where the first proceeding occurred unless the court transfers venue as allowed by statute (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 the court in a written order, and the application is delivered to the clerk of the Hamilton 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, a list of heirs and devisees, addresses for interested persons, asset information, debts, and any real estate details before starting the estate settlement filing.
- File with the clerk of the Hamilton County Court at 1111 13th Street, Aurora, NE 68818, by mail to P.O. Box 323, Aurora, NE 68818, or, if filing without a lawyer, by fax to 402-694-2250 with the uniform cover sheet as the first page (Neb. Ct. R. § 6-601(B)). A Nebraska attorney must file electronically (Neb. Ct. R. § 2-202). Email filings are not allowed (Neb. Ct. R. § 2-212).
- Pay the required court fee. Under the Nebraska fee statute used for this August 2026 review, a probate proceeding commenced and closed informally is $22, later informal applications or petitions are $22 each, and formal probate uses a gross value schedule running up to $1,500 for Nebraska estates over $5,000,000 (Neb. Rev. Stat. § 33-125).
- For informal probate, wait for the statutory timing requirement. 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 first publication within thirty days after appointment; the party or attorney must mail the published notice as required. Claims are barred two months after first publication if notice is given correctly (Neb. Rev. Stat. § 30-2483, § 30-2485).
- Give Department of Health and Human Services notice if the decedent was 55 or older or lived in a medical institution, because a nonconforming notice is void under Nebraska's creditor notice statute (Neb. Rev. Stat. § 30-2483).
- Obtain letters testamentary if there is a will or letters of administration if there is no will. The court provides one certified copy of letters of appointment without charge in a formal probate (Neb. Rev. Stat. § 33-125(2)).
- Inventory the estate, address creditor claims, and handle Nebraska inheritance tax. The Hamilton County Court determines the inheritance tax, it is paid to the county, and 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, ask early. Under Neb. Rev. Stat. § 25-2704 and the fifth county judge district Remote Hearings rule, a request must be filed at least 48 hours before the hearing, and an approved remote participant must contact the court at least 24 hours before the hearing for instructions.
- Distribute property only after the necessary authority, notices, tax work, and claim handling are complete, then close the estate with the appropriate closing statement (Neb. Rev. Stat. § 30-24,128).
Forms and documents
Probate forms in Hamilton County
Hamilton County does not publish a county probate packet, county probate checklist, or county form for opening an estate. The Nebraska Judicial Branch publishes a partial statewide estate form set, but it does not publish a statewide application for informal probate or petition for formal probate.
| Form or resource | Use in Hamilton County |
|---|---|
| CC 15:40, Affidavit for Transfer of Personal Property without Probate | Used for qualifying personal property after 30 days, with a $100,000 ceiling under the statute as amended by 2022 Neb. Laws LB 1124, signed April 18, 2022. It is presented to the holder of the property, not filed with the county court (Neb. Rev. Stat. § 30-24,125). |
| CC 15:41, Affidavit for Transfer of Real Property without Probate | Used for qualifying real property after 30 days, with a separate $100,000 ceiling under the statute as amended by 2024 Neb. Laws LB 1195, signed April 15, 2024. It is recorded with the register of deeds, not filed with the county court (Neb. Rev. Stat. § 30-24,129; Neb. Rev. Stat. § 30-24,125). |
| Uniform fax cover sheet | Required as the first page of a fax filing by a person filing without a lawyer. Nebraska courts must accept non-attorney fax filing, subject to the rule, until July 1, 2028 (Neb. Ct. R. § 6-601(B)). |
| Informal probate flowchart | The Judicial Branch's flowchart applies to informal probate filed with a will, and does not apply when there is no will, when the will is contested, or when the estate or distribution of assets is contested. See the Nebraska Judicial Branch estates page at https://nebraskajudicial.gov/self-help/estates. |
Local nuance
Hamilton County-specific considerations
| Local point | Why it matters |
|---|---|
| No court suite number is published | The court street address is 1111 13th Street, Aurora, NE 68818, but no room or suite is published for the county court counter. Call 402-694-6188 before traveling. |
| The real property affidavit goes to a different office | The Affidavit for Transfer of Real Property without Probate is recorded with the Hamilton County Register of Deeds and Election Commissioner at 1111 13th Street, Suite 1, Aurora, not with the court (Neb. Rev. Stat. § 30-24,129). That office has a separate phone number, 402-694-3443. |
| Hamilton County publishes no local probate packet | Use the statewide Judicial Branch estate resources and be ready to draft or obtain the opening application or petition, because the statewide form set does not include a form that opens an estate. |
Recent updates
Scenarios
| Scenario | Likely Hamilton County path | Where Sunset helps |
|---|---|---|
| Surviving spouse with a co-owned home | Start by checking the deed and account titles. Personal property may qualify for CC 15:40 after 30 days if the statutory $100,000 ceiling is met under the law amended by LB 1124, signed April 18, 2022 (Neb. Rev. Stat. § 30-24,125). A qualifying real property interest may use CC 15:41, with its separate $100,000 ceiling under the law amended by LB 1195, signed April 15, 2024, recorded with the Hamilton County register of deeds (Neb. Rev. Stat. § 30-24,129; Neb. Rev. Stat. § 30-24,125). If Letters are needed, file in Hamilton County Court. | Sunset identifies accounts, title clues, and beneficiary designations so the spouse can see whether court authority is needed for the estate settlement. |
| Out-of-state adult child with a small estate | If 30 days have passed and personal property is within the $100,000 ceiling, CC 15:40 is presented to the holder of the property instead of filed with the court (Neb. Rev. Stat. § 30-24,125). If Letters are needed, the filing can be mailed to P.O. Box 323, Aurora, NE 68818, or faxed to 402-694-2250 with the uniform cover sheet if the filer has no lawyer (Neb. Ct. R. § 6-601(B)). If a hearing is set, request remote participation at least 48 hours before the hearing under Neb. Rev. Stat. § 25-2704 and the fifth county judge district rule. | Sunset helps organize the asset list, generate a probate packet, and coordinate with a local attorney if the affidavit route is not enough. |
| Parent settling predeceased child's estate, home must be sold | A sale of real estate usually requires opening the estate in Hamilton County Court. In a county where the office is held by a clerk magistrate, Nebraska law does not allow the clerk magistrate to hear authorization to sell or mortgage real estate; that issue goes to a county judge (Neb. Rev. Stat. § 24-507, § 24-519). Notice to creditors is published by the clerk, claims are barred two months after first publication, and the Hamilton County Court determines the inheritance tax (Neb. Rev. Stat. § 30-2483, § 30-2485, § 77-2004). | Sunset gathers account and property information, prepares the family for creditor and tax questions, and connects the family with a probate attorney when a home sale needs court authority. |
Self-help resources
| Resource | How it helps |
|---|---|
| Clerk of the Hamilton County Court | 1111 13th Street, Aurora, NE 68818. Mail: P.O. Box 323, Aurora, NE 68818. Phone 402-694-6188. Fax 402-694-2250. Email [email protected] for questions, not filings. Hours are 8:00 am to 5:00 pm, Monday through Friday; call before traveling. |
| Hamilton County Register of Deeds and Election Commissioner | 1111 13th Street, Suite 1, Aurora, NE 68818. Phone 402-694-3443. This is where a qualifying Affidavit for Transfer of Real Property without Probate is recorded under Neb. Rev. Stat. § 30-24,129, rather than filed with the court. |
| Nebraska Online Legal Self-Help Center | https://nebraskajudicial.gov/self-help. The Judicial Branch's virtual self-help center explains self-represented filing, fax filing with a cover sheet, and the rule that email filings are not allowed (Neb. Ct. R. § 6-601(B), § 2-212). |
| Estates section and Additional Information: Estates | https://nebraskajudicial.gov/self-help/estates and https://nebraskajudicial.gov/self-help/estates/additional-information-estates. These pages cover estate processes, the two affidavit routes, the informal probate flowchart, and the Judicial Branch statement that filing an estate will most often require attorney help although the law allows self-representation. |
| Affidavit forms CC 15:40 and CC 15:41 | CC 15:40 is for qualifying personal property under Neb. Rev. Stat. § 30-24,125. CC 15:41 is for qualifying real property under Neb. Rev. Stat. § 30-24,129. The form PDFs are available through the Nebraska Judicial Branch estates and forms pages. |
| Statewide case search | https://www.nebraska.gov/justice/case.cgi. The JUSTICE system on Nebraska.gov allows statewide trial court searching. Lists of cases can be searched without charge, case details cost $2, one-time party-name searches cost $17, and a subscriber account is an annual $100. |
| Legal Aid of Nebraska | Statewide AccessLine through legalaidofnebraska.org at 1.877.250.2016, Monday and Wednesday 8:30 am to 11:30 am, Tuesday and Thursday 1:00 pm to 3:00 pm Central. ElderAccessLine is 1.800.527.7249 for people 60 and over in all 93 counties. Screening depends on household income, assets, and legal issue; estate administration is not listed among its published practice areas, and the organization takes no walk-ins. |
| Nebraska Free Legal Answers | https://ne.freelegalanswers.org/. Free Legal Answers is a virtual clinic for qualifying users to ask a civil legal question by email. 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 estate materials say the law allows self-representation. The same materials say filing an estate will most often require an attorney's help and that the Self-Help Center cannot provide forms for every situation. In Hamilton County, counsel is especially useful when a will may be contested, a house must be sold, inheritance tax questions are unclear, creditors are disputed, or no statewide opening form fits the facts; Limited Scope Representation information is available through nebraskajudicial.gov. Sunset connects families in Hamilton County 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 asset picture needed for Hamilton County estate settlement, affidavit decisions, creditor notice, and inheritance tax planning.
Generate the probate packet. Sunset turns the family's answers and asset information into an organized probate packet for review, so the application, petition, notices, and supporting details are easier to assemble before filing with the Hamilton County Court.
Find a local probate attorney. When the estate needs formal probate, a real estate sale, inheritance tax help, or advice the clerk cannot provide, Sunset can connect the family with a vetted probate attorney who works with Nebraska county court matters.
Sunset is free for families. Families can use Sunset to understand assets, organize the estate settlement workflow, and decide whether the next step is an affidavit, a court filing, or attorney help.
Frequently asked questions
Where do I file probate in Hamilton County, Nebraska?
File with the clerk of the Hamilton County Court at 1111 13th Street, Aurora, NE 68818, or mail the filing to P.O. Box 323, Aurora, NE 68818. Nebraska district courts do not hear probate; county courts have exclusive original jurisdiction over decedents' estates (Neb. Rev. Stat. § 24-517).
Do I need a lawyer for Hamilton County probate?
Nebraska law allows self-representation, and the Judicial Branch says that filing an estate will most often require attorney help because estates differ. Hamilton County publishes no local opening packet, so a lawyer or Limited Scope Representation through nebraskajudicial.gov can be especially useful if the filing is contested, the estate owns real estate, or inheritance tax questions are involved.
How much does probate cost in Hamilton County?
Under the Nebraska fee statute used for this August 2026 review, an informal probate proceeding commenced and closed informally is $22, each later informal petition or application is $22, and formal probate is charged by the gross value of the Nebraska estate at death, up to $1,500 for estates over $5,000,000 (Neb. Rev. Stat. § 33-125). Call 402-694-6188 to confirm the amount and payment method before filing.
Can I avoid a Hamilton County court filing with an affidavit?
Sometimes. CC 15:40, Affidavit for Transfer of Personal Property without Probate, is presented to the holder of the property after 30 days if the personal property requirements and the $100,000 ceiling apply under the statute as amended by 2022 Neb. Laws LB 1124, signed April 18, 2022 (Neb. Rev. Stat. § 30-24,125). CC 15:41, Affidavit for Transfer of Real Property without Probate, is recorded with the Hamilton County register of deeds after 30 days if the separate real property requirements and $100,000 ceiling apply under the statute as amended 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 Hamilton County, and who is paid?
Yes. Nebraska has an inheritance tax, and it is handled as a county tax: the Hamilton 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 on 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 Hamilton County probate hearing?
Nebraska law allows all nonevidentiary hearings, and evidentiary hearings approved by the court with all appearing parties' stipulation, to be heard by telephone or videoconference (Neb. Rev. Stat. § 25-2704). Hamilton County is in the fifth county judge district, whose Remote Hearings rule requires a request at least 48 hours before the hearing and contact with the court at least 24 hours before the hearing if remote participation is approved.
Can I file Hamilton County probate papers by fax or email?
A person filing without a lawyer may file by fax to 402-694-2250 with the uniform cover sheet as the first page, under Neb. Ct. R. § 6-601(B). Email filings are not allowed in Nebraska court cases (Neb. Ct. R. § 2-212), so the clerk's email address is for questions, not filing documents.
How do I look up a Hamilton County probate case?
Use the statewide Nebraska.gov trial court search at https://www.nebraska.gov/justice/case.cgi, which runs on the JUSTICE system. Lists of cases can be searched without charge, case details cost $2, a one-time party-name search costs $17, and a subscriber account is an annual $100. The same case information is available without charge at a courthouse kiosk or law library.
What are the Hamilton County Court clerk's hours?
The Hamilton County Court lists hours as 8:00 am to 5:00 pm, Monday through Friday. Because no room or suite number is published for the court counter, call 402-694-6188 before you travel to 1111 13th Street in Aurora.
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.