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Jefferson County, NE Probate Information
Quick facts
| Item | Jefferson County details |
|---|---|
| Court | Jefferson County Court |
| Courthouse address | 411 4th Street, Fairbury, NE 68352 |
| Mailing address | Jefferson County Court, 411 4th Street, Fairbury, NE 68352 |
| Phone | 402-729-6801 |
| Fax | 402-729-6802 |
| [email protected], for questions, not filings | |
| Hours | 8:00 am to 12:00 pm and 1:00 pm to 5:00 pm, Monday through Friday |
| 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, current under Neb. Rev. Stat. § 33-125 as reviewed in August 2026. Confirm the current amount with the clerk of the Jefferson County Court before you file. |
| Local forms | Jefferson County does not publish an extra local probate form or local cover sheet. Use the statewide CC 15:40 affidavit under Neb. Rev. Stat. § 30-24,125, the CC 15:41 real property affidavit under Neb. Rev. Stat. § 30-24,129, and the uniform fax cover sheet under Neb. Ct. R. § 6-601(B) when fax filing. |
| E-filing | Nebraska attorneys must use electronic filing under 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) until July 1, 2028; ask the clerk whether optional non-attorney registration under Neb. Ct. R. § 2-216 is open before relying on it. Neb. Ct. R. § 2-212 bars e-mail submission of court cases. |
| 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 online search for a list of cases has no charge; 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 available without 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). Jefferson County sits in the first county judge district, and the district's virtual-meeting protocol requires a request filed with the clerk at least three business days before the hearing. |
| County judge district | First county judge district under Neb. Rev. Stat. § 24-503 |
| Website | https://nebraskajudicial.gov/courts/jefferson-county-court and https://jeffersoncounty.nebraska.gov/jefferson-clerk-county-court |
Before you begin — know the assets and liabilities
Before you choose a Jefferson County filing path, list the assets, debts, account titles, beneficiary designations, real estate, vehicles, and likely creditors. Nebraska separates informal probate from formal probate, and the right route often depends on whether you need Letters, whether notice will be contested, and whether Jefferson County real estate must be transferred or sold.
Sunset can support estate settlement by helping families search across more than 2,300 institutions for accounts and assets before the probate packet is assembled. That inventory work is especially useful before calling the Jefferson County Court, because the clerk can accept filings and answer procedural questions, but cannot build the case for you.
Which court handles jurisdiction
Probate for Jefferson County is filed with the clerk of the Jefferson County Court at 411 4th Street in Fairbury. Fairbury is the county seat and its city; the county also includes Daykin, Diller, Endicott, Harbine, Jansen, Plymouth, Reynolds, and Steele City.
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). Jefferson County sits in Nebraska's first county judge district, which is how county judges and the county court's 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 Nebraska county where the decedent had property (Neb. Rev. Stat. § 30-2410). One clerk magistrate serves both Jefferson County and Thayer County under Neb. Rev. Stat. § 24-507, but a Jefferson County estate is filed in Fairbury, not at the Thayer County courthouse.
The jurisdiction process
- Choose the opening track. 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, and the application is delivered to the clerk of the Jefferson County Court (Neb. Rev. Stat. § 30-2216). A formal probate uses a petition to the court and notice to interested persons.
- Gather the death certificate, the original will if there is one, account and deed information, creditor information, and a working asset list. Informal probate cannot issue until at least 120 hours have elapsed since death (Neb. Rev. Stat. § 30-2415).
- File with the clerk of the Jefferson County Court at 411 4th Street, Fairbury, NE 68352. A person without a lawyer may file in person, by mail, or by fax to 402-729-6802 with the uniform cover sheet under Neb. Ct. R. § 6-601(B); Nebraska attorneys must use electronic filing under Neb. Ct. R. § 2-202.
- Pay the filing fee required by Neb. Rev. Stat. § 33-125. The clerk's public hours are 8:00 am to 12:00 pm and 1:00 pm to 5:00 pm, Monday through Friday.
- Handle notice. After a personal representative is appointed, the clerk publishes notice to creditors, with the first publication within thirty days after appointment, and creditor claims are barred unless presented within two months after the first publication when notice is given as required (Neb. Rev. Stat. § 30-2483, § 30-2485).
- Give any required Department of Health and Human Services notice if the decedent was fifty-five or older or resided in a medical institution, as required by Neb. Rev. Stat. § 30-2483.
- Ask about hearing scheduling and remote participation if the court sets a hearing. Under Neb. Rev. Stat. § 25-2704, nonevidentiary hearings may be heard by telephone or videoconference when ordered by the court, and the first county judge district protocol requires a request to the clerk at least three business days before the hearing.
- Once appointed, obtain Letters. 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 under Neb. Rev. Stat. § 33-125.
- Administer the estate by collecting assets, safeguarding property, preparing the inventory, addressing claims, and determining whether Jefferson County inheritance tax must be set. Nebraska inheritance tax is determined by the Jefferson County Court and is due twelve months after the date of death (Neb. Rev. Stat. § 77-2004, § 77-2010, § 77-2018.01).
- Distribute remaining property and close the estate. If the estate can close informally, the personal representative files a closing statement under Neb. Rev. Stat. § 30-24,128.
Forms and documents
Probate forms in Jefferson County
Jefferson County does not publish an extra local probate form or local cover sheet. The Nebraska Judicial Branch supplies some statewide estate forms, but it does not supply a ready-made application for informal probate or petition for formal probate. If you need to open an estate, expect to prepare the application or petition yourself or with a lawyer.
| Form or resource | Use in Jefferson County |
|---|---|
| CC 15:40, Affidavit for Transfer of Personal Property without Probate, revised July 2022 | Used for qualifying personal property after the statutory waiting period and $100,000 ceiling under Neb. Rev. Stat. § 30-24,125. This affidavit is presented to the holder of the property, not filed to open a county court case. |
| CC 15:41, Affidavit for Transfer of Real Property without Probate, revised October 2025 | Used for qualifying Nebraska real property under Neb. Rev. Stat. § 30-24,129. In Jefferson County, it is recorded with the Jefferson County Register of Deeds at 411 4th Street in Fairbury, not used to open probate in the county court. |
| Uniform fax cover sheet | Required as the first page for a non-attorney fax filing under Neb. Ct. R. § 6-601(B). Use fax number 402-729-6802 for the Jefferson County Court. |
| Flowchart for Informal Probate Filed with a Will | A Nebraska Judicial Branch flowchart at nebraskajudicial.gov for testate, uncontested informal probate. It does not cover cases with no will, a contested will, or contested distribution. |
Local nuance
Jefferson County-specific considerations
| Local point | What it means for a Jefferson County estate |
|---|---|
| Shared clerk magistrate | The same clerk magistrate serves Jefferson County and Thayer County under Neb. Rev. Stat. § 24-507. Jefferson County filings still go to the Jefferson County Court at 411 4th Street in Fairbury. |
| Midday closure | The Jefferson County Court is open 8:00 am to 12:00 pm and 1:00 pm to 5:00 pm, Monday through Friday. Plan filings, calls, and same-day questions around the closure from noon to 1:00 pm. |
| Register of deeds in the same courthouse | The Jefferson County Register of Deeds is also at 411 4th Street in Fairbury, with hours of 9:00 am to 12:00 pm and 1:00 pm to 5:00 pm. That office records the real property affidavit under Neb. Rev. Stat. § 30-24,129. |
| Remote hearing request timing | Under Neb. Rev. Stat. § 25-2704 and the first county judge district protocol, remote participation is at the judge's discretion. A request must be filed with the clerk at least three business days before the hearing, and a video participant must be logged in five minutes early. |
Recent updates
| Date | Jefferson County update |
|---|---|
| February 16, 2023, amended March 15, 2023 | The first county judge district's Protocol for Virtual Meetings applies to Jefferson County. It requires a request filed with the clerk at least three business days before a remote hearing, and remote participation remains at the judge's discretion under Neb. Rev. Stat. § 25-2704. |
Scenarios
| Scenario | Likely Jefferson County path | Where Sunset helps |
|---|---|---|
| Surviving spouse w/ co-owned home | Start with the deed and account titling. If only qualifying personal property needs transfer, CC 15:40 may work under Neb. Rev. Stat. § 30-24,125 after the waiting period and within the $100,000 ceiling raised by 2022 Neb. Laws LB 1124, signed April 18, 2022. If qualifying Jefferson County real property fits the separate $100,000 ceiling raised by 2024 Neb. Laws LB 1195, signed April 15, 2024, CC 15:41 is recorded with the Jefferson County Register of Deeds under Neb. Rev. Stat. § 30-24,129. | Sunset helps identify accounts, deed issues, and whether estate settlement likely needs Letters from the Jefferson County Court. |
| Out-of-state adult child w/ small estate | If the affidavit route fits, it may avoid a trip to Fairbury. If Letters are needed, mail the filing to 411 4th Street, Fairbury, NE 68352, or fax it to 402-729-6802 with the uniform cover sheet under Neb. Ct. R. § 6-601(B). A remote hearing request must be filed at least three business days before the hearing under Neb. Rev. Stat. § 25-2704 and the first county judge district protocol. | Sunset organizes the asset list, helps generate the probate packet, and can connect the family to a local probate attorney if the affidavit route does not fit. |
| Parent settling predeceased child's estate, home must be sold | If a home must be sold, plan on filing in the Jefferson County Court. A clerk magistrate may hear noncontested estate matters, but may not determine title to real estate or authorize sale or mortgage of real estate under Neb. Rev. Stat. § 24-519 and § 24-507; those matters go to a county judge. Jefferson County inheritance tax may also need determination, with rules keyed to Neb. Rev. Stat. § 77-2004. | Sunset helps find assets and debts, prepare the family for the county court filing, and connect the family to a vetted attorney for real estate sale authority. |
Self-help resources
| Resource | How to use it |
|---|---|
| Clerk of the Jefferson County Court | 411 4th Street, Fairbury, NE 68352. Phone 402-729-6801. Fax 402-729-6802. Email [email protected] for questions, not filings. Hours are 8:00 am to 12:00 pm and 1:00 pm to 5:00 pm, Monday through Friday. |
| Jefferson County Court page | Use https://nebraskajudicial.gov/courts/jefferson-county-court for the court listing, and https://jeffersoncounty.nebraska.gov/jefferson-clerk-county-court for the county's local court page. |
| Jefferson County Register of Deeds | 411 4th Street, Fairbury, NE 68352. Phone 402-729-6819. Hours are 9:00 am to 12:00 pm and 1:00 pm to 5:00 pm. This is where the real property affidavit under Neb. Rev. Stat. § 30-24,129 is recorded. |
| Nebraska Online Legal Self-Help Center | Use https://nebraskajudicial.gov/self-help and https://nebraskajudicial.gov/self-help/estates for Nebraska estate self-help, the estates section, and the informal-probate flowchart. Court employees cannot interpret laws or advise you on strategy. |
| Affidavit forms CC 15:40 and CC 15:41 | Use https://nebraskajudicial.gov/sites/default/files/CC-15-40.pdf for the personal property affidavit under Neb. Rev. Stat. § 30-24,125 and https://nebraskajudicial.gov/sites/default/files/CC-15-41.pdf for the real property affidavit under Neb. Rev. Stat. § 30-24,129. |
| Uniform fax cover sheet | Use https://nebraskajudicial.gov/sites/default/files/Ch6Art6App1.pdf as the first page for fax filing under Neb. Ct. R. § 6-601(B). |
| Statewide case search | Use https://www.nebraska.gov/justice/case.cgi for JUSTICE case access through Nebraska.gov. A list search has no charge; viewing details is $2, and frequent users may use an annual $100 Nebraska.gov subscriber account. |
| Legal Aid of Nebraska | Call the statewide AccessLine at 1.877.250.2016, Monday and Wednesday 8:30 am to 11:30 am and Tuesday and Thursday 1:00 pm to 3:00 pm Central, or the ElderAccessLine at 1.800.527.7249 for people 60 and over in all 93 counties. Screening is by household income, assets, and legal issue; published practice areas are family, debt, housing, and benefits rather than estate administration, and the organization takes no walk-ins. See legalaidofnebraska.org. |
| Nebraska Free Legal Answers | Use https://ne.freelegalanswers.org/ to ask a qualifying civil legal question online. Its topic list does not include estates, and volunteer attorneys cannot represent anyone in court. |
When to hire an attorney
Nebraska allows a personal representative to proceed without a lawyer, and the Judicial Branch also says filing an estate will most often require an attorney's help because each estate is different. In Jefferson County, that matters because no ready-made statewide opening application or petition is supplied, Jefferson County publishes no extra local opening form, and the clerk accepts filings but cannot build the legal strategy. Limited Scope Representation information is available through nebraskajudicial.gov if you want help with only part of the case, and Legal Aid of Nebraska's AccessLine is 1.877.250.2016 though estate administration is not a published practice area. Sunset connects families 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 accounts, insurance, investments, and other assets before choosing a Jefferson County estate settlement path.
Generate the probate packet. Sunset turns the family and asset information into an organized probate packet so you can file with the clerk of the Jefferson County Court or review it with an attorney.
Find a local probate attorney. When the estate needs formal probate, real estate sale authority, inheritance tax help, or contested notice issues, Sunset connects families with a vetted Nebraska probate attorney.
Sunset is free for families. Sunset helps families move from uncertainty to an estate settlement plan without charging families for the core support.
Frequently asked questions
Where do I file probate in Jefferson County, Nebraska?
File with the clerk of the Jefferson County Court at 411 4th Street, Fairbury, NE 68352. 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 Jefferson County Court hours?
The Jefferson County Court is open 8:00 am to 12:00 pm and 1:00 pm to 5:00 pm, Monday through Friday. The midday closure matters if you plan to file in person or call the clerk at 402-729-6801.
Do I need a lawyer for Jefferson County probate?
A personal representative is allowed to represent themself in Nebraska. The Judicial Branch also says filing an estate will most often require an attorney's help, and Jefferson County does not publish a local opening form. If the estate involves real estate, disputes, inheritance tax questions under Neb. Rev. Stat. § 77-2004, or formal probate with notice, legal help is often practical.
How much does probate cost in Jefferson County?
The filing fee is set by Nebraska statute, not locally. A probate proceeding commenced and closed informally is $22, and formal probate uses a schedule based on the gross value of the Nebraska estate, current under Neb. Rev. Stat. § 33-125 as reviewed in August 2026. Confirm the amount with the Jefferson County Court before filing.
Can I avoid probate with an affidavit in Jefferson County?
Possibly. The CC 15:40 Affidavit for Transfer of Personal Property without Probate applies to qualifying personal property within the $100,000 ceiling under Neb. Rev. Stat. § 30-24,125, raised by 2022 Neb. Laws LB 1124, signed April 18, 2022. The CC 15:41 Affidavit for Transfer of Real Property without Probate applies to qualifying real property within the separate $100,000 ceiling under Neb. Rev. Stat. § 30-24,129, raised by 2024 Neb. Laws LB 1195, signed April 15, 2024, and is recorded with the Jefferson County Register of Deeds.
Is there a Nebraska inheritance tax in Jefferson County, and who is paid?
Yes. Nebraska inheritance tax is a county tax: the Jefferson 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 file Jefferson County probate papers by fax or e-mail?
A person without a lawyer may file in person, by mail, or by fax to 402-729-6802 with the uniform cover sheet under Neb. Ct. R. § 6-601(B) until July 1, 2028. Nebraska attorneys must use electronic filing under Neb. Ct. R. § 2-202. Neb. Ct. R. § 2-212 bars e-mail submission of court cases, so use the clerk's email only for questions.
Can I attend a Jefferson County probate hearing by phone or video?
Nebraska law allows nonevidentiary county court hearings, and some evidentiary hearings with court approval and stipulation, to be heard by telephone or videoconference (Neb. Rev. Stat. § 25-2704). Jefferson County's first county judge district protocol requires a request filed with the clerk at least three business days before the hearing, and the decision remains with the judge.
How do I look up a Jefferson County probate case?
Use Nebraska.gov's JUSTICE case search at https://www.nebraska.gov/justice/case.cgi. A general search list has no charge, viewing case details is $2, document images carry no extra charge, and frequent users can open an annual $100 Nebraska.gov subscriber account. The same case information is also available without charge at courthouse kiosks and law libraries.
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.