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Hayes County, NE Probate Information
Quick facts
| Item | Hayes County details |
|---|---|
| Court | Hayes County Court |
| Courthouse address | Call before visiting. Hayes County Court contact information lists P.O. Box 370, Hayes Center, NE 69032, and Wednesday morning office hours for Hayes County. |
| Mailing address | Hayes County Court, P.O. Box 370, Hayes Center, NE 69032 |
| Phone | 308-286-3315 |
| Fax | 308-286-3208 |
| [email protected], for questions only. Email is not a filing method for Nebraska court cases (Neb. Ct. R. § 2-212). | |
| Hours | Wednesdays, 8:30 to 11:00 a.m. |
| 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). Confirm the current amount with the clerk of the Hayes County Court before you file. |
| Local forms | Hayes County does not publish a local estate-opening packet. Use the Nebraska Judicial Branch forms and confirm any filing format with the clerk. |
| E-filing | A Nebraska attorney must use electronic filing (Neb. Ct. R. § 2-202). A person 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 optional non-attorney registration under Neb. Ct. R. § 2-216 is open before relying on it. |
| Case search | Statewide trial court case search is through nebraska.gov, using 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 free; viewing a case's details costs $2 through nebraska.gov, 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 the county court to hear all nonevidentiary hearings, and evidentiary hearings the court approves with all appearing parties' stipulation, by telephone or videoconference in a way that preserves an accurate record (Neb. Rev. Stat. § 25-2704). Hayes County is in the Eleventh county judge district, whose local rules add a remote hearing procedure. |
| County judge district | Eleventh county judge district (Neb. Rev. Stat. § 24-503) |
| Website | https://nebraskajudicial.gov/courts/hayes-county-court |
Before you begin — know the assets and liabilities
Before you choose a probate track in Hayes County, make a working list of the decedent's assets, debts, accounts, land, vehicles, tax issues, and family contacts. Nebraska procedure turns on details such as whether there is a will, whether anyone objects, whether a personal representative is needed, and whether real property must be transferred.
Sunset's estate settlement tools can help organize that work early, including asset discovery across more than 2,300 financial institutions. That information makes the first call to the Hayes County Court more useful and helps a lawyer or self-represented filer decide what belongs in the opening application or petition.
Which court handles jurisdiction
Probate for Hayes County is filed with the clerk of the Hayes County Court in Hayes Center. 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).
Hayes County sits in Nebraska's Eleventh county judge district, which is how county judges and the county court's local rules are assigned; the case itself is handled through this county's own county court (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 a county where the decedent's property was located (Neb. Rev. Stat. § 30-2410).
The jurisdiction process
- Choose the correct opening track. Informal probate uses an application to the registrar; in an informal proceeding 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 county court (Neb. Rev. Stat. § 30-2216). Formal probate uses a petition to the court with notice to interested persons.
- Gather the death certificate, the original will if there is one, names and addresses of interested persons, asset information, debt information, and any facts needed to show Hayes County venue under Neb. Rev. Stat. § 30-2410.
- Contact the Hayes County Court before visiting because Hayes County office hours are limited to Wednesday mornings. File by mail to P.O. Box 370, by in-person delivery when the clerk confirms the location and hours, or, if you do not have a lawyer, by fax using the uniform cover sheet under Neb. Ct. R. § 6-601(B). A Nebraska attorney must use electronic filing under Neb. Ct. R. § 2-202.
- Pay the filing fee. The statewide base fee is $22 for a probate proceeding commenced and closed informally, with formal fees based on the gross value of the Nebraska estate at death, up to $1,500 for estates over $5,000,000 (Neb. Rev. Stat. § 33-125).
- For informal probate, do not expect letters to issue immediately after death. 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 thirty days after appointment (Neb. Rev. Stat. § 30-2483). Claims covered by the published notice are generally barred unless presented within two months after the first publication, subject to the statute's good-cause extension process (Neb. Rev. Stat. § 30-2485).
- Give any required Department of Health and Human Services notice if the decedent was 55 or older or resided in a medical institution, because Neb. Rev. Stat. § 30-2483 makes that notice part of the creditor-notice process.
- Obtain the authority document after appointment. Nebraska uses letters testamentary for a will and letters of administration when there is no will; the court provides one certified copy of letters of appointment without charge under Neb. Rev. Stat. § 33-125.
- Administer the estate by collecting assets, paying valid expenses and claims, keeping records, and preparing inventory and tax information. Nebraska is one of the few states with an inheritance tax, and the Hayes County Court determines it as a county tax due twelve months after the date of death (Neb. Rev. Stat. § 77-2010, § 77-2018.01, § 77-2004).
- Distribute property only after the personal representative has authority and the required claims, notice, tax, and accounting work is handled. When administration is ready to end, use the appropriate closing statement procedure under Neb. Rev. Stat. § 30-24,128 or the court order required for the track you are in.
Forms and documents
Probate forms in Hayes County
Probate forms in Hayes County are mostly statewide Nebraska Judicial Branch resources, not a local Hayes County packet. Hayes County does not publish a local estate-opening packet for probate filings.
| Form or resource | Use |
|---|---|
| CC 15:40, Affidavit for Transfer of Personal Property without Probate, revised July 2022 | Used for the personal-property affidavit route under Neb. Rev. Stat. § 30-24,125 when the statutory conditions are met. |
| CC 15:41, Affidavit for Transfer of Real Property without Probate, revised October 2025 | Used for the real-property affidavit route under Neb. Rev. Stat. § 30-24,129. This affidavit is recorded with the register of deeds, not used to open probate in county court. |
| Uniform fax cover sheet | Required as the first page when a person without a lawyer uses fax filing under Neb. Ct. R. § 6-601(B). |
| Informal-probate flowchart | The Nebraska Judicial Branch provides a nebraskajudicial.gov flowchart for informal probate filed with a will. It does not apply when there is no will, the will is contested, or the estate or distribution of assets is contested. |
The Nebraska Judicial Branch supplies some probate-related forms, but not a ready-made application or petition for every estate opening. Court employees may provide filing information, but they do not draft legal papers or give legal advice.
Local nuance
Hayes County-specific considerations
| Local point | What to do |
|---|---|
| Limited Hayes County hours | The Hayes County Court lists office hours only on Wednesdays from 8:30 to 11:00 a.m. Call 308-286-3315 before traveling, especially if you need to deliver an original will or pay a filing fee under Neb. Rev. Stat. § 33-125. |
| Mailing address is the safest published address | Use Hayes County Court, P.O. Box 370, Hayes Center, NE 69032 for mail. For any in-person delivery, ask the clerk where the filing counter will accept papers during the Wednesday morning window. |
| Shared clerk arrangement | Hayes County shares a clerk magistrate with Red Willow County, but that does not change where a Hayes County estate is handled. A clerk magistrate may serve more than one county as clerk of each county court (Neb. Rev. Stat. § 24-507). |
| Eleventh county judge district remote rule | The Eleventh county judge district has Remote Hearing Rules for the County Court in the Eleventh Judicial District. Remote hearing logistics are coordinated with the court, and the moving party must coordinate at least 5 days in advance unless the matter is an emergency, while statewide authority comes from Neb. Rev. Stat. § 25-2704. |
Recent updates
Page last reviewed: August 2026.
Scenarios
| Scenario | Likely Hayes County path | Where Sunset helps |
|---|---|---|
| Surviving spouse with a co-owned home | Start by identifying how the home is titled and whether any assets still require a personal representative. If probate is needed, venue belongs in Hayes County when the decedent was domiciled there (Neb. Rev. Stat. § 30-2410). | Sunset helps organize accounts, debts, real estate information, and estate settlement tasks before the spouse contacts the Hayes County Court or a lawyer. |
| Out-of-state adult child with a small estate | If only qualifying personal property must be collected, the Affidavit for Transfer of Personal Property without Probate may avoid opening a court estate when the requirements of Neb. Rev. Stat. § 30-24,125 are met. If a court filing is needed, ask the Hayes County clerk about mailing papers or fax filing under Neb. Ct. R. § 6-601(B). | Sunset helps identify accounts, create a task list, and prepare an estate settlement packet so the child does not rely on guesses from another state. |
| Parent settling a predeceased child's estate, home must be sold | A sale of estate real property usually calls for careful probate planning. In Nebraska, a clerk magistrate may handle some noncontested estate matters, but matters involving authorization to sell or mortgage real estate are not heard by a clerk magistrate (Neb. Rev. Stat. § 24-519). | Sunset helps assemble the asset picture and can connect the parent with a vetted Nebraska probate attorney for the real estate and court steps. |
Self-help resources
| Resource | How it helps |
|---|---|
| Nebraska Online Legal Self-Help Center, nebraskajudicial.gov/self-help | Virtual self-help information from the Nebraska Judicial Branch, including filing rules, fax filing under Neb. Ct. R. § 6-601(B), and the rule that email is not a filing method for court cases. |
| Estates section, nebraskajudicial.gov/self-help/estates | Estate process information, claims against estates, deposit of wills, the informal-probate flowchart, and links to the two affidavit forms. |
| Additional information: Estates, nebraskajudicial.gov/self-help/estates/additional-information-estates | Explains that each estate differs, that filing an estate will most often require help from an attorney, and that the law allows self-representation. |
| Nebraska Judicial Branch forms, nebraskajudicial.gov/forms | Master forms list for statewide court forms, including CC 15:40 under Neb. Rev. Stat. § 30-24,125 and CC 15:41 under Neb. Rev. Stat. § 30-24,129. |
| County court contacts, nebraskajudicial.gov/directories/county-court-contacts | Statewide county court contact list for clerk contact information, phone, fax, mailing address, and email. |
| Legal Aid of Nebraska, legalaidofnebraska.org | Statewide AccessLine 1.877.250.2016, Monday and Wednesday 8:30 to 11:30 a.m., Tuesday and Thursday 1:00 to 3:00 p.m. Central, and 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 service starts by phone or online application. |
| Nebraska Free Legal Answers, ne.freelegalanswers.org | A free virtual civil legal advice clinic for qualifying users. Its published topic list does not include estate administration, and volunteer lawyers do not represent users in court. |
| Limited Scope Representation, nebraskajudicial.gov/self-help | Information about hiring a lawyer for part of a case, which can fit a Hayes County probate when the family can handle some estate settlement tasks but needs legal help for specific filings or hearings. |
When to hire an attorney
Nebraska does not require a personal representative to hire a lawyer, and the Nebraska Judicial Branch says the law allows self-representation. The same materials say filing an estate will most often require an attorney's help, and that self-help materials cannot cover every estate situation. Limited Scope Representation information is available through nebraskajudicial.gov if you want help with only part of the case, and Sunset connects families in Hayes County to a vetted attorney.
How Sunset helps
Find the accounts and assets. Sunset searches across more than 2,300 financial institutions and helps families build a clearer estate settlement inventory before they choose a probate path in Hayes County.
Generate the probate packet. Sunset turns the family's information into an organized packet for a self-represented filing review or for a Nebraska probate attorney, including assets, debts, contacts, and task tracking.
Find a local probate attorney. When the estate needs counsel, Sunset connects families with a vetted attorney who can advise on Nebraska county court procedure, real estate, inheritance tax, and closing steps.
Sunset is free for families. Families can use Sunset to organize estate settlement work, understand next steps, and decide when professional help is worth bringing in.
Frequently asked questions
Where do I file probate in Hayes County?
File through the Hayes County Court in Hayes Center. Use the mailing address Hayes County Court, P.O. Box 370, Hayes Center, NE 69032, and call 308-286-3315 before any in-person trip because Hayes County Court hours are limited to Wednesdays from 8:30 to 11:00 a.m. Nebraska district courts do not hear probate; a will is proved and letters are issued in the county court, which has exclusive original jurisdiction over decedents' estates (Neb. Rev. Stat. § 24-517).
Do I need a lawyer for Hayes County probate?
Nebraska law allows self-representation, but the Nebraska Judicial Branch says filing an estate will most often require an attorney's help. A lawyer is especially useful if anyone contests the will, real estate must be sold, inheritance tax issues are unclear, or you are not sure whether informal probate through the registrar or formal probate with notice is the right track (Neb. Rev. Stat. § 30-2216).
How much does Hayes County probate cost to file?
The statewide base filing fee is $22 for a probate proceeding commenced and closed informally, with another $22 for each later petition or application in an informal proceeding. Formal probate fees are based on the gross value of the Nebraska estate at death and run up to $1,500 for estates over $5,000,000 (Neb. Rev. Stat. § 33-125). Confirm the current counter amount with the Hayes County Court before sending payment.
Can I avoid probate in Hayes County with an affidavit?
Sometimes. Nebraska has an Affidavit for Transfer of Personal Property without Probate, form CC 15:40, for qualifying personal property under Neb. Rev. Stat. § 30-24,125, and an Affidavit for Transfer of Real Property without Probate, form CC 15:41, recorded with the register of deeds under Neb. Rev. Stat. § 30-24,129. These affidavit routes have separate statutory requirements, including the $100,000 ceiling for the personal-property affidavit under Neb. Rev. Stat. § 30-24,125.
Is there a Nebraska inheritance tax, and who gets paid?
Yes. Nebraska inheritance tax is determined by the Hayes County Court and paid as a county tax, 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 (Neb. Rev. Stat. § 77-2004).
Can I appear by phone or video for a Hayes County probate hearing?
Ask the clerk how to request it for your specific hearing. Nebraska law allows nonevidentiary hearings, and evidentiary hearings approved by the court with all appearing parties' stipulation, by telephone or videoconference in a way that preserves an accurate record (Neb. Rev. Stat. § 25-2704). Hayes County is in the Eleventh county judge district, whose remote hearing rules require coordination with the court at least 5 days in advance unless the matter is an emergency.
Can I send Hayes County probate papers by fax or use email?
A person without a lawyer may use fax filing with the uniform cover sheet under Neb. Ct. R. § 6-601(B), which every Nebraska court must accept until July 1, 2028, subject to filing-fee prepayment and page-limit rules. Email is for questions only, not for submitting court papers (Neb. Ct. R. § 2-212). A Nebraska attorney must use electronic filing under Neb. Ct. R. § 2-202.
How do I look up a Hayes County probate case?
Use the statewide nebraska.gov trial court search at https://www.nebraska.gov/justice/case.cgi. It searches JUSTICE case information; a general search list is free, viewing details costs $2 through nebraska.gov, 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.
What are the Hayes County Court clerk's hours?
Hayes County Court lists hours on Wednesdays from 8:30 to 11:00 a.m. Because that window is narrow, call 308-286-3315 before traveling, especially if you need to deliver an original will, pay a filing fee under Neb. Rev. Stat. § 33-125, or ask about remote hearing logistics 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.