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Johnson County, NE Probate Information
Quick facts
| Item | Johnson County details |
|---|---|
| Court | Johnson County Court |
| Courthouse address | 4th & Broadway Street, Tecumseh, NE 68450 |
| Mailing address | Johnson County Court, P.O. Box 285, Tecumseh, NE 68450 |
| Phone | 402-335-6313 |
| Fax | 402-335-6314. A person filing without a lawyer may use fax filing with the uniform cover sheet under Neb. Ct. R. § 6-601(B). |
| [email protected], for questions, not filings. Email filings are not allowed in Nebraska courts (Neb. Ct. R. § 2-212). | |
| Hours | 8:00 a.m. to 12:30 p.m. and 1:00 p.m. to 4:30 p.m., Monday through Friday. Call before traveling around the midday closure. |
| 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, current for this page review in August 2026). Confirm the current counter total with the clerk of the Johnson County Court before you file. |
| Local forms | No Johnson County-specific probate packet is published. Use the Nebraska Judicial Branch estates forms and the required 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 under Neb. Ct. R. § 6-601(B). Ask the clerk whether 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 on the Judicial Branch's JUSTICE system at https://www.nebraska.gov/justice/case.cgi. A general list search is free; viewing case details is $2 per case, 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 a courthouse kiosk or law library. |
| Remote appearance | Nebraska law allows county court nonevidentiary hearings, and evidentiary hearings approved by the court with all appearing parties' stipulation, by telephone or videoconference (Neb. Rev. Stat. § 25-2704). Johnson County is in Nebraska's first county judge district; its virtual-meeting protocol requires a request filed with the clerk at least 3 business days before a nontestimonial hearing, and video participants must log in 5 minutes early. |
| County judge district | Nebraska's first county judge district (Neb. Rev. Stat. § 24-503). |
| Website | https://nebraskajudicial.gov/courts/johnson-county-court |
Before you begin — know the assets and liabilities
Before you choose a Johnson County filing path, make a practical list of the decedent's assets, debts, account titles, beneficiary designations, real estate, vehicles, and possible creditor claims. Nebraska has affidavit routes for some property, but letters testamentary or letters of administration may still be needed when an institution requires court-issued authority.
Sunset's estate settlement process starts by locating accounts and assets across more than 2,300 financial institutions, then helps families decide whether the Johnson County Court filing, an affidavit, or an attorney-led path fits the estate. Good asset information also helps avoid filing the wrong document before you know whether real property, creditor issues, or inheritance tax questions are involved.
Which court handles jurisdiction
Probate for Johnson County is filed with the clerk of the Johnson County Court at 4th & Broadway Street in Tecumseh, with mail sent to P.O. Box 285, Tecumseh, NE 68450. Tecumseh is the county seat, and Johnson County includes Tecumseh, Cook, Crab Orchard, Elk Creek, Sterling, and St. Mary.
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 at the county seat (Neb. Rev. Stat. § 24-502).
Johnson County sits in Nebraska's first county judge district, which groups county judges and local county court rules; it does not move a Johnson County estate to another filing counter (Neb. Rev. Stat. § 24-503). Venue for the first informal or formal testacy or appointment proceeding is the county of the decedent's domicile, 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 track. In informal probate, an application goes to the registrar; in formal probate, a petition goes to the court with notice. 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 Johnson County Court (Neb. Rev. Stat. § 30-2216).
- Gather the certified death certificate, the original will if there is one, asset information, debt information, names and addresses of interested persons, and the facts needed for any Nebraska inheritance tax determination under Neb. Rev. Stat. § 77-2004.
- Deliver the filing to the clerk of the Johnson County Court at 4th & Broadway Street, Tecumseh, NE 68450, mail it to P.O. Box 285, Tecumseh, NE 68450, or, if you are filing without a lawyer, fax it to 402-335-6314 with the uniform cover sheet required for fax filing under Neb. Ct. R. § 6-601(B). A Nebraska attorney must use electronic filing under Neb. Ct. R. § 2-202.
- Pay the filing fee under Neb. Rev. Stat. § 33-125. Informal probate cannot issue until at least 120 hours have elapsed since death (Neb. Rev. Stat. § 30-2415).
- After appointment of a personal representative, the clerk publishes notice to creditors once a week for three successive weeks, with first publication within thirty days after appointment; creditor claims covered by the notice are barred two months after the first publication unless allowed by statute (Neb. Rev. Stat. § 30-2483, § 30-2485). The party or attorney maintaining the proceeding handles mailing proof as required by Nebraska law.
- Give Department of Health and Human Services notice when required for a decedent who was 55 or older or resided in a medical institution (Neb. Rev. Stat. § 30-2483).
- Obtain letters testamentary or letters of administration after appointment. One certified copy of letters of appointment is provided without charge in a formal probate under Neb. Rev. Stat. § 33-125(2).
- If a hearing is set and a remote appearance is needed, file the request with the clerk at least 3 business days before a nontestimonial hearing under the first county judge district protocol. Remote hearing authority comes from Neb. Rev. Stat. § 25-2704, and the judge decides the request.
- Administer the estate, file the inventory, address allowed claims, and have the Nebraska inheritance tax determined by the Johnson County Court. The tax is due twelve months after the date of death (Neb. Rev. Stat. § 77-2010, § 77-2018.01).
- Distribute property when legally ready and close the estate with a closing statement when the Nebraska Probate Code permits it (Neb. Rev. Stat. § 30-24,128).
Forms and documents
Probate forms in Johnson County
Johnson County does not publish a local probate form packet. The Nebraska Judicial Branch publishes a limited estates set, including CC 15:40, Affidavit for Transfer of Personal Property without Probate, revised July 2022, for the personal property affidavit under Neb. Rev. Stat. § 30-24,125, and CC 15:41, Affidavit for Transfer of Real Property without Probate, revised October 2025, for the real property affidavit recorded with the register of deeds under Neb. Rev. Stat. § 30-24,129.
The Judicial Branch does not publish a statewide application form for informal probate or a statewide petition form for formal probate. The clerk of the Johnson County Court accepts filings and keeps the court file, but court staff cannot draft documents or give legal advice.
If you file by fax without a lawyer, include the uniform fax cover sheet as the first page under Neb. Ct. R. § 6-601(B). The Nebraska Judicial Branch estates section also links a flowchart for informal probate filed with a will, but that flowchart is for testate, uncontested informal probate and does not cover every estate settlement situation.
Local nuance
Johnson County-specific considerations
| Local point | What it means |
|---|---|
| Shared clerk magistrate | The clerk of the Johnson County Court is a clerk magistrate under Neb. Rev. Stat. § 24-507, and the same clerk magistrate also serves Pawnee County Court. That does not create a shared courthouse. A Johnson County estate is filed at the Johnson County Court in Tecumseh. |
| Midday closure | The Johnson County Court hours are 8:00 a.m. to 12:30 p.m. and 1:00 p.m. to 4:30 p.m., Monday through Friday. Call 402-335-6313 before traveling close to the lunch closure. |
| Real property affidavit location | The Affidavit for Transfer of Real Property without Probate, form CC 15:41, is recorded with the Johnson County Register of Deeds under Neb. Rev. Stat. § 30-24,129. It is not the way to open probate in the Johnson County Court. |
Recent updates
Page last reviewed: August 2026.
Scenarios
| Situation | Likely Johnson County path | Where Sunset helps |
|---|---|---|
| Surviving spouse with co-owned home | Start by checking deed and account title. Personal property may be handled with CC 15:40 after the waiting period and within the $100,000 ceiling raised by 2022 Neb. Laws LB 1124, signed April 18, 2022 (Neb. Rev. Stat. § 30-24,125). A separate real property affidavit may apply within its own $100,000 ceiling raised by 2024 Neb. Laws LB 1195, signed April 15, 2024, and is recorded with the Johnson County Register of Deeds under Neb. Rev. Stat. § 30-24,129. If court authority is needed, file in the Johnson County Court. | Sunset helps identify accounts, deeds, beneficiaries, and institutions before the spouse chooses an affidavit or court filing. |
| Out-of-state adult child with a smaller estate | If only personal property is involved, thirty days or more have passed, no personal representative is pending or appointed, and the other statutory conditions fit, CC 15:40 is presented to the holder of the property under Neb. Rev. Stat. § 30-24,125 rather than filed with the court. If Letters are needed, mail the filing to P.O. Box 285, Tecumseh, NE 68450, or fax it to 402-335-6314 with the cover sheet required by Neb. Ct. R. § 6-601(B). If a nontestimonial hearing is set, request remote participation at least 3 business days ahead under Neb. Rev. Stat. § 25-2704 and the first county judge district protocol. | Sunset organizes the asset list, prepares a probate packet when court authority is needed, and helps the family avoid unnecessary travel when mail or fax filing fits. |
| Parent settling predeceased child's estate, home must be sold | A sale of real estate usually means opening an estate in the Johnson County Court. Because the office is held by a clerk magistrate, authorization to sell or mortgage real estate goes to a county judge rather than being decided by the clerk magistrate (Neb. Rev. Stat. § 24-519, § 24-507). Notice to creditors and the two-month claims bar must be handled under Neb. Rev. Stat. § 30-2483 and § 30-2485, and the Nebraska inheritance tax is determined by the Johnson County Court under Neb. Rev. Stat. § 77-2004. | Sunset helps find estate assets, prepare for creditor and tax questions, and connect the parent with a vetted attorney for the real estate sale and court filings. |
Self-help resources
| Resource | How it helps |
|---|---|
| Clerk of the Johnson County Court | 4th & Broadway Street, Tecumseh, NE 68450. Mail: P.O. Box 285, Tecumseh, NE 68450. Phone 402-335-6313. Fax 402-335-6314. Email [email protected] for questions, not filings. Hours are 8:00 a.m. to 12:30 p.m. and 1:00 p.m. to 4:30 p.m., Monday through Friday. |
| Johnson County Register of Deeds | P.O. Box 416, Tecumseh, NE 68450. Phone 402-335-6300. Fax 402-335-6311. This is where the Affidavit for Transfer of Real Property without Probate is recorded under Neb. Rev. Stat. § 30-24,129. |
| Nebraska Online Legal Self-Help Center | https://nebraskajudicial.gov/self-help. Includes self-help information, fax filing instructions, the fax cover sheet rule under Neb. Ct. R. § 6-601(B), and the rule that email filings are not allowed under Neb. Ct. R. § 2-212. |
| Estates section and Additional Information: Estates | https://nebraskajudicial.gov/self-help/estates and https://nebraskajudicial.gov/self-help/estates/additional-information-estates. Covers estate processes, the affidavit routes, and the Judicial Branch statement that Nebraska law allows self-representation although filing an estate will most often require attorney help. |
| Affidavit forms CC 15:40 and CC 15:41 | CC 15:40 is for personal property under Neb. Rev. Stat. § 30-24,125. CC 15:41 is for real property and is recorded with the register of deeds under Neb. Rev. Stat. § 30-24,129. |
| Statewide case search | https://www.nebraska.gov/justice/case.cgi. The JUSTICE system is accessed through Nebraska.gov. A general list search is free; case detail is $2 per case; frequent users can open a Nebraska.gov subscriber account for an annual $100. |
| Legal Aid of Nebraska | Statewide AccessLine 1.877.250.2016 through legalaidofnebraska.org, with hours 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. ElderAccessLine 1.800.527.7249 serves people 60 and over in all 93 counties. Screening depends on household income, assets, and legal issue; estate administration is not 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 civil legal question clinic. Estates are not on its published topic list, and volunteer lawyers cannot represent anyone in court. |
| Limited Scope Representation | Information is available through nebraskajudicial.gov. Limited Scope Representation can let a family hire a lawyer for part of an estate settlement rather than for every task. |
When to hire an attorney
Nebraska does not require a personal representative to hire a lawyer, and the Judicial Branch's estates materials say the law allows self-representation. The same materials say filing an estate will most often require an attorney's help, and the self-help materials do not supply forms for every situation. In Johnson County, counsel is especially useful when there is real estate to sell, a contested will, creditor disputes, inheritance tax questions under Neb. Rev. Stat. § 77-2004, or uncertainty about which application or petition to file. Limited Scope Representation through nebraskajudicial.gov may be a middle option, and Sunset connects families to a vetted local probate attorney.
How Sunset helps
Find the accounts and assets. Sunset searches across more than 2,300 financial institutions to help identify accounts, insurance, benefits, and other assets before a Johnson County estate settlement begins.
Generate the probate packet. Sunset turns the family's information into an organized probate packet for the Johnson County Court, including the details needed for the personal representative, interested persons, assets, debts, and filing path.
Find a local probate attorney. When the estate needs legal judgment, a contested filing, real estate authority, or inheritance tax help under Neb. Rev. Stat. § 77-2004, Sunset connects the family with a vetted attorney who handles Nebraska probate.
Sunset is free for families. Families can use Sunset's estate settlement tools without paying Sunset. If a lawyer is needed, the attorney explains any fee arrangement directly.
Frequently asked questions
Where do I file probate in Johnson County?
File with the clerk of the Johnson County Court at 4th & Broadway Street, Tecumseh, NE 68450, or mail filings to Johnson County Court, P.O. Box 285, Tecumseh, NE 68450. 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 Johnson County Court hours?
The Johnson County Court is open 8:00 a.m. to 12:30 p.m. and 1:00 p.m. to 4:30 p.m., Monday through Friday. Call 402-335-6313 before traveling around the midday closure.
Do I need a lawyer for probate in Johnson County?
Nebraska law allows self-representation, but the Judicial Branch states that filing an estate will most often require attorney help because estates differ. Johnson County does not publish a local opening form packet, and the clerk cannot draft your documents or give legal advice.
How much does probate cost in Johnson County?
The base statutory 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 uses a gross value schedule that runs from $22 for estates of $1,000 or less to $1,500 over $5,000,000 (Neb. Rev. Stat. § 33-125, current for this page review in August 2026). Ask the clerk for the current counter total before filing.
Can I avoid probate with an affidavit in Johnson County?
Sometimes. CC 15:40, Affidavit for Transfer of Personal Property without Probate, is presented to the holder of personal property when the statutory conditions fit, including the $100,000 ceiling raised 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, uses a separate $100,000 ceiling raised by 2024 Neb. Laws LB 1195, signed April 15, 2024, and is recorded with the Johnson County Register of Deeds under Neb. Rev. Stat. § 30-24,129.
Can I file by fax or email in Johnson County?
A person filing without a lawyer may fax court documents to 402-335-6314 with the uniform cover sheet required by Neb. Ct. R. § 6-601(B), which every Nebraska court must accept until July 1, 2028. A Nebraska attorney must use electronic filing under Neb. Ct. R. § 2-202. Do not submit case filings by email; Nebraska court rules do not allow email filings (Neb. Ct. R. § 2-212).
Can I attend a Johnson County probate hearing by phone or video?
Nebraska law allows county court nonevidentiary hearings, and evidentiary hearings approved by the court with all appearing parties' stipulation, by telephone or videoconference (Neb. Rev. Stat. § 25-2704). Johnson County's first county judge district protocol requires a request filed with the clerk at least 3 business days before a nontestimonial hearing, and video participants must log in 5 minutes early. The judge decides the request.
How do I look up a Johnson County probate case?
Use the statewide trial court case search through Nebraska.gov at https://www.nebraska.gov/justice/case.cgi. It runs on the JUSTICE case management system. A general list search is free, case detail is $2 per case, and frequent users can open a Nebraska.gov subscriber account for an annual $100. The same case information is free at a courthouse kiosk or law library.
Is there a Nebraska inheritance tax, and who is paid?
Yes. Nebraska has an inheritance tax, and it is a county tax: the Johnson 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. § 77-2010, § 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).
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.