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Hitchcock County, NE Probate Information
Quick facts
| Item | Hitchcock County information |
|---|---|
| Court | Hitchcock County Court |
| Courthouse address | P.O. Box 248, Trenton, NE 69044. No street address is published for this court; call 308-334-5383 before delivering papers in person. |
| Mailing address | P.O. Box 248, Trenton, NE 69044 |
| Phone | 308-334-5383 |
| Fax | 308-334-5351. Hitchcock County's website prints a different court fax, 308-334-5398, so call the clerk if a fax transmission is time-sensitive. |
| [email protected], for questions, not filings. Email filings are not allowed in Nebraska courts (Neb. Ct. R. § 2-212). | |
| Hours | Monday through Friday, 8:30 a.m. to 4:30 p.m.; the same listing says the courthouse closes at 4:00 p.m. Call 308-334-5383 before going late in the afternoon. |
| 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). Confirm the current amount with the clerk of the Hitchcock County Court before you file. |
| Local forms | No Hitchcock County local opening packet is posted. Use the Nebraska Judicial Branch forms and the uniform fax cover sheet when fax filing under Neb. Ct. R. § 6-601(B). |
| E-filing | A Nebraska attorney must file electronically (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. Email filings are not allowed in any Nebraska court (Neb. Ct. R. § 2-212). Neb. Ct. R. § 2-216 provides for optional non-attorney e-filing registration; confirm with the clerk of the Hitchcock County Court whether that registration is open before you rely 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 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). Hitchcock County sits in Nebraska's eleventh county judge district, whose county court local rules add a remote hearing procedure with 5-day advance scheduling and exhibit requirements. |
| County judge district | Nebraska's eleventh county judge district (Neb. Rev. Stat. § 24-503) |
| Website | https://nebraskajudicial.gov/courts/hitchcock-county-court |
Before you begin — know the assets and liabilities
Before choosing a Hitchcock County probate path, make a practical inventory of assets, debts, beneficiary information, the original will if there is one, and whether any Nebraska real estate has to be transferred or sold. The right estate settlement route depends on what exists, where it is held, and whether anyone is likely to object.
Sunset's asset discovery searches across more than 2,300 institutions to help families find accounts, insurance, investments and other property before they file. That search can prevent a second filing, a missed creditor issue, or an incomplete inheritance tax determination.
Which court handles jurisdiction
Probate for Hitchcock County is filed with the clerk of the Hitchcock County Court in Trenton. The clerk's office is held by a clerk magistrate in Hitchcock County (Neb. Rev. Stat. § 24-507). 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).
Hitchcock County sits in Nebraska's eleventh county judge district, which is how county judges and county court local rules are assigned; the case itself is filed for Hitchcock County at this county's own court, not by moving the estate to another county (Neb. Rev. Stat. § 24-502, § 24-503). Venue for the first informal or formal testacy or appointment proceeding is the county where the decedent had domicile at death, or, if the decedent was not domiciled in Nebraska, any county where the decedent's property was located (Neb. Rev. Stat. § 30-2410).
The jurisdiction process
- Choose the opening 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 and notice to interested persons.
- Gather the death certificate, the original will if there is one, names and addresses of heirs and devisees, asset information, creditor information, and any facts needed for inheritance tax. Informal probate cannot issue until at least 120 hours have elapsed since death (Neb. Rev. Stat. § 30-2415).
- File with the clerk of the Hitchcock County Court by mail, in person if the clerk confirms the delivery location, or by fax if you are filing without a lawyer and use the uniform cover sheet under Neb. Ct. R. § 6-601(B). Nebraska attorneys must use electronic filing (Neb. Ct. R. § 2-202), and email filings are not allowed (Neb. Ct. R. § 2-212).
- Pay the required filing fee. The statutory base is $22 for a probate proceeding commenced and closed informally, while a formal probate is charged under the gross value schedule in Neb. Rev. Stat. § 33-125.
- After appointment, the clerk publishes notice to creditors once a week for three successive weeks, with first publication within thirty days after appointment (Neb. Rev. Stat. § 30-2483). The party or attorney handling the case must mail the published notice and prove it as required; claims are generally barred unless presented within two months after the date of first publication when notice is given (Neb. Rev. Stat. § 30-2485).
- If the decedent was 55 or older or lived in a medical institution, address the Department of Health and Human Services notice requirement in the creditor notice statute (Neb. Rev. Stat. § 30-2483).
- Obtain letters testamentary or letters of administration after appointment. The court provides one certified copy of letters of appointment without charge in a formal probate under Neb. Rev. Stat. § 33-125(2).
- Administer the estate by collecting assets, paying valid expenses and claims, keeping records, and preparing any inventory and inheritance tax materials needed for the county court.
- Handle Nebraska inheritance tax. The Hitchcock County Court determines the 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). 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).
- Distribute remaining property and close the estate when administration is complete. Nebraska uses a closing statement for appropriate closings under the Probate Code (Neb. Rev. Stat. § 30-24,128).
Forms and documents
Probate forms in Hitchcock County
Use Nebraska Judicial Branch estate forms first. The statewide forms that matter most for no-probate transfers are CC 15:40, Affidavit for Transfer of Personal Property without Probate, revised July 2022, for personal property under Neb. Rev. Stat. § 30-24,125, and CC 15:41, Affidavit for Transfer of Real Property without Probate, revised October 2025, for real property recorded with the register of deeds under Neb. Rev. Stat. § 30-24,129.
The Judicial Branch does not provide a statewide template for the application for informal probate or the petition for formal probate that opens an estate. Its estates materials include a flowchart for informal probate filed with a will, but that flowchart is limited to testate, uncontested informal matters and does not cover cases with no will, a contested will, or contested distribution.
If you fax a filing because you are not represented by a lawyer, include the uniform fax cover sheet as the first page and follow Neb. Ct. R. § 6-601(B). The fax must be less than 10 pages not counting the cover sheet unless the clerk approves a longer fax before it is sent.
Hitchcock County does not post a separate local probate packet. The county's site directs readers to Nebraska court materials for fees and forms, and the clerk's email is for questions, not filing documents.
Local nuance
Hitchcock County-specific considerations
| Issue | What to do in Hitchcock County |
|---|---|
| Street address | The court publishes P.O. Box 248, Trenton, NE 69044, but no street address. Call 308-334-5383 before trying to deliver an estate settlement filing in person. |
| Late-afternoon visits | Office hours are listed as 8:30 a.m. to 4:30 p.m., but the same listing says the courthouse closes at 4:00 p.m. Call before traveling near closing time. |
| Fax number | Use 308-334-5351 for the Hitchcock County Court fax. Hitchcock County's website also prints 308-334-5398 for the court, which is the same fax number it prints for the Hitchcock County Register of Deeds, so confirm by phone if the fax is urgent. |
| Remote hearing timing | The eleventh county judge district's remote hearing rule requires the moving party to schedule, set up and initiate the remote hearing with the court at least 5 days in advance, excluding emergency hearings, and to provide exhibits to the court and all other parties at least 5 days in advance. Remote hearing authority still depends on Neb. Rev. Stat. § 25-2704 and the court's approval. |
| Real property affidavit office | The Hitchcock County Register of Deeds is the office for recording the Affidavit for Transfer of Real Property without Probate under Neb. Rev. Stat. § 30-24,129. The office uses P.O. Box 248, Trenton, NE 69044, phone 308-334-5646, and fax 308-334-5398. |
Recent updates
Scenarios
| Situation | Likely Hitchcock County path | Where Sunset helps |
|---|---|---|
| Surviving spouse with a co-owned home | Start by confirming how the home is titled and whether any assets need a personal representative. If a court case is needed, file in the Hitchcock County Court under the county domicile venue rule (Neb. Rev. Stat. § 30-2410). Nebraska inheritance tax still has to be considered because rates and exemptions depend on the beneficiary relationship and the date of death (Neb. Rev. Stat. § 77-2004). | Sunset helps identify accounts, debts and title issues before the estate settlement filing is prepared. |
| Out-of-state adult child with small estate | If only personal property is being collected and the statutory conditions fit, the claiming successor may use CC 15:40, Affidavit for Transfer of Personal Property without Probate, after thirty days have elapsed, rather than opening a county court estate (Neb. Rev. Stat. § 30-24,125). If Nebraska real property must be transferred by affidavit, CC 15:41 is recorded with the register of deeds under Neb. Rev. Stat. § 30-24,129. | Sunset helps determine whether accounts, vehicles, land or debts make an affidavit route incomplete. |
| Parent settling predeceased child's estate, home must be sold | A sale of real estate usually calls for attorney review and court authority. In Nebraska, a clerk magistrate may hear some uncontested decedent estate matters, but not an authorization to sell or mortgage real estate (Neb. Rev. Stat. § 24-519). | Sunset can assemble asset information, generate a probate packet, and connect the family with a local probate attorney for the sale authority and closing steps. |
Self-help resources
| Resource | How it helps | Contact |
|---|---|---|
| Nebraska Online Legal Self-Help Center | Virtual self-help information, including filing by fax for people without lawyers and the rule that email filings are not allowed. | https://nebraskajudicial.gov/self-help |
| Estates section | Estate process information, claims against estates, deposit of wills, the informal-probate flowchart, and the two no-probate affidavit forms. | https://nebraskajudicial.gov/self-help/estates |
| Additional information: Estates | Explains that the law allows self-representation but that filing an estate will most often require an attorney's help. | https://nebraskajudicial.gov/self-help/estates/additional-information-estates |
| Master Forms List | Search for Nebraska court forms, including CC 15:40 under Neb. Rev. Stat. § 30-24,125 and CC 15:41 under Neb. Rev. Stat. § 30-24,129. | https://nebraskajudicial.gov/forms |
| County court contacts | Statewide county court contact list for clerk, phone, fax, mailing address and email. | https://nebraskajudicial.gov/directories/county-court-contacts |
| 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, and ElderAccessLine 1.800.527.7249 for people 60 and over in all 93 counties. Screening depends on household income, assets and legal issue; listed work areas are family, debt, housing and benefits rather than estate administration, and the organization takes no walk-ins. See legalaidofnebraska.org. | https://legalaidofnebraska.org/how-we-help/ |
| Nebraska Free Legal Answers | Free Legal Answers at ne.freelegalanswers.org lets qualifying users post civil legal questions for volunteer lawyers. Its topic list does not include estates, and volunteers cannot represent anyone in court. | https://ne.freelegalanswers.org/ |
| Limited Scope Representation | Information about hiring a lawyer for part of a case rather than full representation. | https://nebraskajudicial.gov/self-help |
When to hire an attorney
How Sunset helps
Find the accounts and assets. Sunset searches more than 2,300 institutions to help identify bank accounts, investments, insurance, retirement accounts and other property that may belong in the estate settlement.
Generate the probate packet. Sunset uses the information you provide to assemble a county-specific probate packet for the Hitchcock County Court, including the details needed to choose the informal or formal path.
Find a local probate attorney. If the estate needs legal advice, a formal petition, real estate sale authority, inheritance tax help, or court appearances, Sunset connects the family with a vetted Nebraska probate attorney.
Sunset is free for families. Families can use Sunset to organize the estate settlement, understand next steps, and decide whether a court filing or affidavit route is the better fit.
Frequently asked questions
Where do I file probate in Hitchcock County?
File with the clerk of the Hitchcock County Court in Trenton. The court lists P.O. Box 248, Trenton, NE 69044, and does not publish a street address, so call 308-334-5383 before delivering papers in person. Nebraska district courts do not hear probate; the county court has exclusive original jurisdiction over decedents' estates (Neb. Rev. Stat. § 24-517).
Do I need a lawyer for probate in Hitchcock County?
Nebraska law allows a person to represent themselves, but the Judicial Branch also says filing an estate will most often require an attorney's help. A lawyer is especially important if there is a dispute, a formal probate with notice, real estate that must be sold, or inheritance tax work under Neb. Rev. Stat. § 77-2004.
How much does probate cost to file in Hitchcock County?
The statutory filing fee starts at $22 for a probate proceeding commenced and closed informally, with another $22 for each later petition or application in an informal proceeding. Formal probate uses a schedule based on the gross value of the Nebraska estate at death, running from $22 for estates of $1,000 or less to $1,500 for estates over $5,000,000 (Neb. Rev. Stat. § 33-125). Call the clerk before filing to confirm the counter total and payment method.
Can I avoid probate with an affidavit in Hitchcock County?
Sometimes. For personal property, CC 15:40, Affidavit for Transfer of Personal Property without Probate, may be presented to the holder of the property after thirty days have elapsed if the statutory conditions are met, including the $100,000 ceiling for personal property (Neb. Rev. Stat. § 30-24,125). For Nebraska real property, CC 15:41 is recorded with the register of deeds if the separate real-property affidavit conditions are met (Neb. Rev. Stat. § 30-24,129).
Is there a Nebraska inheritance tax in a Hitchcock County estate?
Yes. Nebraska inheritance tax is determined by the Hitchcock 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). 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 ask for a phone or video hearing in Hitchcock County?
Nebraska law allows nonevidentiary county court 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). Hitchcock County is in the eleventh county judge district, whose local remote hearing rule requires 5-day advance scheduling and 5-day advance exhibit delivery unless the hearing is an emergency.
Can I file by fax or email with the Hitchcock County Court?
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 remains in place until July 1, 2028 unless changed by the Nebraska Supreme Court. Use 308-334-5351 as the court fax and call if the filing is urgent. Email filings are not allowed in Nebraska courts (Neb. Ct. R. § 2-212).
How do I look up a Hitchcock County probate case?
Use Nebraska.gov at https://www.nebraska.gov/justice/case.cgi for statewide trial court case search through the JUSTICE system. A general search for a list of cases is free, viewing case details is $2, and frequent users can open a Nebraska.gov subscriber account for an annual $100. The same case information is free at courthouse kiosks and law libraries.
What are the Hitchcock County Court clerk's hours?
The court lists hours as Monday through Friday, 8:30 a.m. to 4:30 p.m., but the same listing says the courthouse closes at 4:00 p.m. Call 308-334-5383 before traveling late in the afternoon.
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.