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Madison County, NE Probate Information
Quick facts
| Item | Madison County information |
|---|---|
| Court | Madison County Court |
| Courthouse address | Madison County Courthouse, 1313 North Main Street, Madison, NE 68748 |
| Mailing address | P.O. Box 230, Madison, NE 68748 |
| Phone | 402-454-3311. The county page says option 3 reaches County Court. |
| Fax | 402-454-3438 |
| [email protected], for questions, not filings. Email filings are not allowed in Nebraska court cases (Neb. Ct. R. § 2-212). | |
| Hours | Monday through Friday, 8:00 a.m. to 5:00 p.m. Call before you go if timing is critical. |
| Filing fee | Under the statewide schedule effective July 1, 2026, $22 is the statutory base 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 counter total with the clerk of the Madison County Court before you file. |
| Local forms | Madison County does not publish a county-specific estate form or local filing cover sheet. Nebraska's uniform fax cover sheet is required for 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 is not required to e-file and 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. Neb. Ct. R. § 2-216 addresses optional non-attorney electronic filing registration; ask the clerk whether that registration is open before relying on it. |
| Case search | Statewide trial court case search runs through Nebraska.gov on the Judicial Branch's JUSTICE case management system: https://www.nebraska.gov/justice/case.cgi. A general search for a list of cases is free; viewing a case's details is $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 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). Madison County sits in the seventh county judge district, whose remote hearing rule requires prior authorization from the presiding county judge and, outside listed criminal proceedings, stipulation of the parties and court permission case by case (Neb. Rev. Stat. § 24-503). |
| County judge district | Seventh county judge district, which groups Antelope, Cuming, Knox, Madison, Pierce, Stanton, and Wayne Counties for county judge assignment and local rules; filing remains at the Madison County Court (Neb. Rev. Stat. § 24-503). |
| Website | Madison County Court: https://nebraskajudicial.gov/courts/madison-county-court. County page: https://madisoncountyne.gov/county-court/. |
Before you begin — know the assets and liabilities
Before choosing a probate path in Madison County, make a practical list of the decedent's assets, debts, titled property, beneficiaries, and any will. Nebraska uses different tools depending on whether property needs court authority, whether real property must be transferred, and whether an informal application or formal petition is appropriate.
Sunset's estate settlement process helps families look for accounts and assets across more than 2,300 financial institutions before they prepare a filing plan. That work can prevent a Madison County filing from being too narrow, especially when family members know about a home in Madison or Norfolk but are unsure about accounts, vehicles, or debts.
Which court handles jurisdiction
Probate for Madison County is filed with the clerk of the Madison County Court at the Madison County Courthouse, 1313 North Main Street, Madison, NE 68748. The court serves Madison County communities including Madison, Norfolk, Battle Creek, Newman Grove, Tilden, and Meadow Grove.
Norfolk is in Madison County, but the county seat and courthouse are in the town of Madison. A Norfolk resident's estate is filed at the same Madison County Court in Madison.
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).
Madison County sits in Nebraska's seventh county judge district. The district assigns county judges and local rules; it does not move the filing counter away from Madison County's own courthouse (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 Nebraska county where the decedent had property (Neb. Rev. Stat. § 30-2410).
The jurisdiction process
- Decide whether the estate needs informal probate or formal probate. An informal application is directed to the registrar, whose acts are performed by a county judge or by a person designated by written court order; the application is delivered to the clerk of the Madison County Court (Neb. Rev. Stat. § 30-2209, § 30-2216). A formal petition asks the court for an order after notice.
- Gather the death certificate, the original will if there is one, and a working list of assets and liabilities. Informal probate cannot issue until at least 120 hours have elapsed since death (Neb. Rev. Stat. § 30-2415).
- Prepare the application or petition. Nebraska Judicial Branch materials include some estate forms and a testate informal probate flowchart, but they do not provide a complete opening packet for every estate situation.
- File with the clerk of the Madison County Court at 1313 North Main Street, Madison, NE 68748, by mail to P.O. Box 230, Madison, NE 68748, or by fax to 402-454-3438 if you are filing without a lawyer and use the uniform cover sheet required by Neb. Ct. R. § 6-601(B). A Nebraska attorney must use electronic filing (Neb. Ct. R. § 2-202). Email filings are not allowed (Neb. Ct. R. § 2-212).
- Pay the filing fee. Under the statewide schedule effective July 1, 2026, the statutory base is $22 for a proceeding commenced and closed informally, with formal probate charged by gross value of the Nebraska estate at death up to $1,500 for estates over $5,000,000 (Neb. Rev. Stat. § 33-125).
- If a hearing is set, ask the clerk how the seventh county judge district's remote hearing rule applies. Remote hearing by telephone or videoconference requires court approval under Nebraska law, and the district rule requires prior authorization from the presiding county judge (Neb. Rev. Stat. § 25-2704).
- After appointment, letters testamentary or letters of administration issue to the personal representative. The court provides one certified copy of letters of appointment without charge in formal probate under Neb. Rev. Stat. § 33-125.
- Handle creditor notice. After appointment of a personal representative, the clerk publishes notice to creditors once a week for three successive weeks, with the first publication within thirty days after appointment; creditors generally must present claims within two months after the date of first publication or be barred (Neb. Rev. Stat. § 30-2483, § 30-2485).
- Send any required Department of Health and Human Services notice if the decedent was 55 or older or resided in a medical institution, because a nonconforming notice is void (Neb. Rev. Stat. § 30-2483).
- Prepare the inventory and address Nebraska inheritance tax. The Madison County Court determines the inheritance tax, which is paid to the county and is due twelve months after the date of death; rates and exemptions depend on the beneficiary's relationship to the decedent and the date-of-death rules in Neb. Rev. Stat. § 77-2004 and § 77-2010.
- Collect assets, pay allowed claims and expenses, distribute remaining property, and close the estate with the required closing statement when the estate is ready to close (Neb. Rev. Stat. § 30-24,128).
Forms and documents
Probate forms in Madison County
Madison County does not publish a county-specific estate form or local probate cover sheet. Use the Nebraska Judicial Branch estate materials and ask the clerk of the Madison County Court what the court requires for your particular filing.
| Form or resource | Use | Where it goes |
|---|---|---|
| CC 15:40, Affidavit for Transfer of Personal Property without Probate, revised July 2022 | For qualifying personal property when the statutory conditions are met, including the $100,000 ceiling raised by 2022 Neb. Laws LB 1124, signed April 18, 2022 (Neb. Rev. Stat. § 30-24,125). | Presented to the person or institution holding the property, not filed with the Madison County Court. |
| CC 15:41, Affidavit for Transfer of Real Property without Probate, revised October 2025 | For qualifying Nebraska real property interests when the separate $100,000 ceiling applies, raised by 2024 Neb. Laws LB 1195, signed April 15, 2024 (Neb. Rev. Stat. § 30-24,129). | Recorded with the Madison County Register of Deeds, 1313 North Main Street, Madison, NE 68748, not filed as the estate-opening document in county court. |
| Uniform fax cover sheet | Required as the first page when a non-attorney files by fax under Neb. Ct. R. § 6-601(B). | Send with a fax filing to the Madison County Court at 402-454-3438. |
| Flowchart for Informal Probate Filed with a Will (Testate) | A Nebraska Judicial Branch flowchart for an uncontested testate informal probate. It does not cover no-will, contested-will, or contested-distribution situations. See https://nebraskajudicial.gov/self-help/estates. | Use as guidance, not as a complete filing packet. |
The Judicial Branch does not publish a statewide form for the application that opens informal probate, the petition that opens formal probate, Letters, or the inventory. The clerk can accept filings, but cannot choose forms for you or give legal advice.
Fees
Madison County's county court page lists copy charges of $0.25 per photocopy page and $1.00 per certification seal as of August 2026. Those are copy charges, not a substitute for the statewide probate filing fee under Neb. Rev. Stat. § 33-125. The same county page says mailed copies require prepayment plus a self-addressed stamped envelope.
Local nuance
Madison County-specific considerations
| Local point | Why it matters |
|---|---|
| The courthouse is in Madison, not Norfolk | Norfolk is in Madison County, but a Norfolk decedent's estate is filed at the Madison County Court in the town of Madison. |
| County Court phone option | The main courthouse number is 402-454-3311, and the county page says option 3 reaches County Court. |
| Copy charges are local, filing fees are statewide | Madison County lists copy charges, but probate filing fees are governed by Neb. Rev. Stat. § 33-125. |
| Real property affidavit uses a separate office | The Madison County Register of Deeds is at the same courthouse address and is reached at 402-454-3311, option 8. A CC 15:41 real property affidavit is recorded there under Neb. Rev. Stat. § 30-24,129. |
Recent updates
Scenarios
| Situation | Likely Madison County path | Where Sunset helps |
|---|---|---|
| Surviving spouse with a co-owned home | Start by confirming how the home is titled and whether any other assets require a personal representative. If court authority is needed, file in the Madison County Court in Madison. If a qualifying real property affidavit is appropriate instead, CC 15:41 is recorded with the Madison County Register of Deeds under Neb. Rev. Stat. § 30-24,129. | Sunset helps identify accounts, title issues, debts, and beneficiary designations before the family chooses a filing path. |
| Out-of-state adult child with a modest estate | Check whether personal property can be handled with CC 15:40 after thirty days have elapsed and the $100,000 ceiling applies under Neb. Rev. Stat. § 30-24,125. If court filing is needed, a self-represented filer may file by mail or fax to the Madison County Court with the uniform cover sheet required by Neb. Ct. R. § 6-601(B). | Sunset helps organize asset information, generate a probate packet where appropriate, and coordinate attorney help if the family does not want to manage the filing alone. |
| Parent settling a predeceased child's estate, home must be sold | A home sale usually requires careful review of title, authority, and inheritance tax. In Nebraska counties served by clerk magistrates, a clerk magistrate may handle some noncontested estate matters but may not determine title to real estate or authorize the sale or mortgaging of real estate; those issues go to a county judge (Neb. Rev. Stat. § 24-507, § 24-519). | Sunset helps locate assets and connect the family with a vetted Nebraska probate attorney for court authority, sale planning, and estate settlement logistics. |
Self-help resources
| Resource | How it helps | Contact or link |
|---|---|---|
| Madison County Court page | Local court address, phone, fax, copy charges, public access terminal information, online payment link, and general County Court case types. | https://madisoncountyne.gov/county-court/ |
| Nebraska Online Legal Self-Help Center | Virtual self-help information for people without lawyers, including filing method rules and the reminder that court staff cannot give legal advice. | https://nebraskajudicial.gov/self-help |
| Nebraska Judicial Branch estates section | Estate self-help information, the testate informal probate flowchart, and links to estate-related materials. | https://nebraskajudicial.gov/self-help/estates |
| Nebraska Judicial Branch forms | Includes CC 15:40, CC 15:41, claim forms, and other estate-related forms, but not a complete opening packet for every estate. | https://nebraskajudicial.gov/forms |
| Filing fees and court costs | Judicial Branch schedule for filing fees and court costs, including statewide counter totals effective July 1, 2026, alongside the statutory probate fee framework in Neb. Rev. Stat. § 33-125. | https://nebraskajudicial.gov/rules/administrative-policies-schedules/filing-fees-and-court-costs |
| Case search | JUSTICE case search through Nebraska.gov, with general searches free, case detail views priced by Nebraska.gov, and free access at courthouse kiosks and law libraries. | https://www.nebraska.gov/justice/case.cgi |
| Limited Scope Representation | A way to hire a Nebraska lawyer for part of a case rather than full representation. | https://nebraskajudicial.gov/self-help |
| 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; ElderAccessLine 1.800.527.7249 for people 60 and over in all 93 counties. Screening depends on income, assets, and issue type, and estate administration is not listed among the main practice areas. | https://legalaidofnebraska.org/how-we-help/ |
| Nebraska Free Legal Answers | A free online civil legal question clinic for qualifying users. Volunteer lawyers answer questions online and do not represent users in court; the listed topics do not include estates. | https://ne.freelegalanswers.org/ |
When to hire an attorney
Nebraska does not require a personal representative to hire a lawyer, and Judicial Branch self-help materials say the law allows self-representation. The same materials also say filing an estate will most often require an attorney's help, and Madison County does not publish a local form for the application or petition that opens an estate. Limited Scope Representation can be a middle option when you need help with part of the case, and Sunset connects families to a vetted attorney.
How Sunset helps
Find the accounts and assets. Sunset searches across more than 2,300 financial institutions to help families build the asset list that drives estate settlement decisions in Madison County.
Generate the probate packet. Sunset turns the family's information into an organized probate packet for the appropriate Nebraska path, with Madison County filing details built in.
Find a local probate attorney. When the estate involves a home sale, inheritance tax, a contested issue, or a family member who wants legal guidance, Sunset connects the family with a vetted Nebraska probate attorney.
Sunset is free for families. Families can use Sunset to organize estate settlement tasks, identify missing information, and understand the next step before paying for legal work.
Frequently asked questions
Where do I file probate in Madison County, Nebraska?
File with the clerk of the Madison County Court at the Madison County Courthouse, 1313 North Main Street, Madison, NE 68748. Mail filings go to P.O. Box 230, Madison, NE 68748. Nebraska district courts do not hear probate; the county court has exclusive original jurisdiction over decedents' estates (Neb. Rev. Stat. § 24-517).
Is probate for a Norfolk resident filed in Norfolk or Madison?
File in Madison. Norfolk is in Madison County, but the county seat and the Madison County Court are in the town of Madison.
Do I need a lawyer for Madison County probate?
Nebraska law allows self-representation, and a personal representative is not automatically required to hire a lawyer. Judicial Branch materials also say estate filings most often require attorney help, especially when the estate has real property, inheritance tax issues, creditor disputes, or missing forms.
How much does it cost to file probate in Madison County?
Under the statewide schedule effective July 1, 2026, the statutory base 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 is charged by gross value of the Nebraska estate at death, from $22 to $1,500 (Neb. Rev. Stat. § 33-125). Ask the clerk for the current counter total before filing.
Can I avoid probate in Madison County with an affidavit?
Sometimes. CC 15:40, Affidavit for Transfer of Personal Property without Probate, applies to qualifying personal property after thirty days have elapsed and the $100,000 ceiling applies, 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, applies to qualifying Nebraska real property interests and is recorded with the register of deeds, with the separate $100,000 ceiling raised by 2024 Neb. Laws LB 1195, signed April 15, 2024 (Neb. Rev. Stat. § 30-24,129).
Is there a Nebraska inheritance tax, and who gets paid?
Yes. Nebraska has an inheritance tax, and it is a county tax. The Madison County Court determines it, it is paid to the county, and it is 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 by fax or email in Madison County?
A person filing without a lawyer may file in person, by mail, or by fax to 402-454-3438 with the uniform cover sheet under Neb. Ct. R. § 6-601(B), which every Nebraska court must accept until July 1, 2028. A Nebraska attorney must use electronic filing (Neb. Ct. R. § 2-202). Email filings are not allowed in Nebraska court cases (Neb. Ct. R. § 2-212).
Can I attend a Madison County probate hearing by phone or video?
A remote hearing is possible only under the court's rules. Nebraska law allows 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). The seventh county judge district rule requires prior authorization from the presiding county judge and, for most noncriminal hearings, stipulation of the parties plus court permission case by case.
How do I look up a Madison County probate case?
Use the Nebraska.gov JUSTICE case search at https://www.nebraska.gov/justice/case.cgi. General searches for lists of cases are free, viewing case details costs $2 through Nebraska.gov, and frequent users can open an annual $100 subscriber account. The same case information is free at courthouse kiosks and law libraries.
What are the Madison County Court hours?
The Madison County Court is open Monday through Friday, 8:00 a.m. to 5:00 p.m. Call 402-454-3311 and choose option 3 before you go if timing is important.
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.