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Merrick County, NE Probate Information
Quick facts
| Item | Details |
|---|---|
| Court | Merrick County Court |
| Courthouse address | 1510 18th Street, Central City, NE 68826 |
| Mailing address | P.O. Box 27, Central City, NE 68826 |
| Phone | 308-946-2812 |
| Fax | 308-946-3838 |
| [email protected] for questions only. Emailing a document does not file it with the court (Neb. Ct. R. § 2-212). | |
| Hours | 8:00 a.m. to 5:00 p.m., Monday through Friday, closed during lunch, weekends and holidays. Call 308-946-2812 before traveling because the statewide court listing for Merrick County does not include an hours line. |
| Filing fee | The Neb. Rev. Stat. § 33-125 base is $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 tied to the gross value of the Nebraska estate at death, from $22 for estates of $1,000 or less to $1,500 for estates over $5,000,000 (Neb. Rev. Stat. § 33-125). The statewide court-fee list effective July 1, 2026 gives $44 as the counter total for a probate commenced and closed informally, or $45 when a will is proved and a certificate of probate of will issues. |
| Local forms | Merrick County does not publish a local probate form or local cover sheet. Use the Nebraska estates form set, the testate informal-probate flowchart at nebraskajudicial.gov, and the uniform fax cover sheet required by Neb. Ct. R. § 6-601(B). |
| E-filing | A Nebraska attorney must use electronic filing in Nebraska trial courts (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. Ask the clerk whether optional non-attorney registration under Neb. Ct. R. § 2-216 is available before relying on it. |
| Case search | Statewide trial court case search is through Nebraska.gov and the Judicial Branch's JUSTICE case management system at https://www.nebraska.gov/justice/case.cgi. A general 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 all nonevidentiary county court hearings, and evidentiary hearings the court approves with all appearing parties' stipulation, to be heard telephonically or by videoconference while preserving an accurate record (Neb. Rev. Stat. § 25-2704). Merrick County is in the fifth county judge district; its Remote Hearings rule requires a virtual-conferencing request to be filed at least 48 hours before the hearing, exhibits to be delivered on the stated schedule, and participants to contact the appropriate court representative at least 24 hours before the hearing for instructions. |
| County judge district | Fifth county judge district (Neb. Rev. Stat. § 24-503) |
| Website | https://nebraskajudicial.gov/courts/merrick-county-court and https://merrickcounty.ne.gov/county-court/ |
Before you begin — know the assets and liabilities
Before choosing a filing path, list the decedent's titled assets, bank and investment accounts, debts, beneficiaries, and any real estate. In Merrick County, that first inventory determines whether you need Letters from the Merrick County Court, whether an affidavit route may work, and whether the Merrick County register of deeds office is involved under Neb. Rev. Stat. § 30-24,129.
Sunset can support estate settlement by helping families search for accounts and policies across more than 2,300 financial institutions before they prepare the court packet. That asset picture also helps decide whether a lawyer should draft the application or petition before anything is sent to Central City.
Which court handles jurisdiction
Probate for Merrick County is filed with the clerk of the Merrick County Court at 1510 18th Street, Central City, NE 68826, or by mail to P.O. Box 27, Central City, NE 68826. Central City is the county seat and courthouse city for Merrick County.
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).
Merrick County sits in Nebraska's fifth county judge district, which assigns county judges and local rules; the estate itself is filed at Merrick County's own courthouse in Central City (Neb. Rev. Stat. § 24-502, § 24-503). Venue for the first informal or formal testacy or appointment proceeding is the county of the decedent's domicile at death, or, if the decedent was not domiciled in Nebraska, any county where the decedent had property (Neb. Rev. Stat. § 30-2410).
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 written court order; the application is delivered to the clerk of the Merrick County Court (Neb. Rev. Stat. § 30-2216). A formal probate uses a petition to the court and proceeds with notice.
- Gather the certified death certificate, the original will if there is one, names and addresses of interested persons, a starting asset list, and any information needed for inheritance tax review. For informal probate of a will, the original will or an authenticated copy must be with the court, accompany the application, or be delivered to the court within the statutory time stated in Neb. Rev. Stat. § 30-2414.
- File with the clerk of the Merrick County Court at 1510 18th Street in Central City, mail the packet to P.O. Box 27, Central City, NE 68826, or, if filing without a lawyer, use fax filing to 308-946-3838 with the uniform cover sheet required by Neb. Ct. R. § 6-601(B). Nebraska attorneys must use electronic filing (Neb. Ct. R. § 2-202). Email does not file a court document (Neb. Ct. R. § 2-212).
- Pay the filing fee required by Neb. Rev. Stat. § 33-125. The statutory base is $22 for a proceeding commenced and closed informally, and formal probate is charged on the statutory gross-value schedule, so confirm the current counter total with the clerk before sending payment.
- Wait for the court's action on the filing. In informal probate, the registrar cannot issue the written statement of informal probate until at least 120 hours have elapsed since death (Neb. Rev. Stat. § 30-2415). If the matter is formal, the court handles it after notice, and an unopposed formal testacy petition may be decided on the pleadings or set for hearing under Neb. Rev. Stat. § 30-2429.
- If a hearing is set, ask promptly about the fifth county judge district Remote Hearings rule. Nebraska law allows qualifying hearings by telephone or videoconference (Neb. Rev. Stat. § 25-2704), and the district rule requires the virtual-conferencing request to be filed at least 48 hours before the hearing and participants to contact the appropriate court representative at least 24 hours before the hearing for instructions.
- After appointment, the clerk publishes notice to creditors once a week for three successive weeks, with first publication within thirty days after appointment; the party maintaining the proceeding or the attorney must mail the published notice and give proof as required (Neb. Rev. Stat. § 30-2483). Claims are barred unless presented within two months after the date of first publication when notice is properly given, subject to the statutory procedure for additional time (Neb. Rev. Stat. § 30-2485).
- Give the Department of Health and Human Services notice if the decedent was fifty-five or older or resided in a medical institution, because a notice that does not meet the statute is void (Neb. Rev. Stat. § 30-2483).
- Obtain letters testamentary or letters of administration. The court provides one certified copy of letters of appointment without charge in a formal probate charged under Neb. Rev. Stat. § 33-125.
- Administer the estate, prepare the inventory information, handle creditor claims, determine and pay any county inheritance tax, and distribute property. Nebraska inheritance tax is determined by the Merrick County Court and is due twelve months after the date of death (Neb. Rev. Stat. § 77-2010, § 77-2018.01, § 77-2004).
- Close the estate after administration is complete. If the Nebraska Probate Code route you are using calls for a closing statement, use the closing statement procedure under Neb. Rev. Stat. § 30-24,128.
Forms and documents
Probate forms in Merrick County
Merrick County does not publish its own probate form packet or local probate cover sheet. The Nebraska Judicial Branch provides a partial estates form set, not a complete opening packet for every estate.
| Form or resource | Use in Merrick County |
|---|---|
| CC 15:40, Affidavit for Transfer of Personal Property without Probate, revised July 2022 | Used for the personal-property affidavit route when the statutory requirements are met, including the $100,000 ceiling and the thirty-day requirement (Neb. Rev. Stat. § 30-24,125). It is presented to the person or institution holding the property, not filed as the court opening document. |
| CC 15:41, Affidavit for Transfer of Real Property without Probate, revised October 2025 | Used for the real-property affidavit route when the statutory requirements are met. It is recorded with the register of deeds office in the county where the real property is located, not filed to open probate in the county court (Neb. Rev. Stat. § 30-24,129). |
| Uniform fax cover sheet | Required as the first page when a self-represented filer sends a court document by fax under Neb. Ct. R. § 6-601(B). The fax must be under the page limit stated by the Nebraska Judicial Branch unless the clerk approves more pages before transmission. |
| Flowchart for Informal Probate Filed with a Will (Testate) | Available through nebraskajudicial.gov for uncontested testate informal probate. It does not apply when there is no will, when the will is contested, or when the estate or distribution of assets is contested. |
| Opening application or petition | The Judicial Branch does not provide a statewide opening application or petition template for every estate. If your estate settlement needs court authority, have the correct Nebraska application or petition prepared before filing with the clerk of the Merrick County Court. |
Local nuance
Merrick County-specific considerations
| Local point | What to do |
|---|---|
| Hours | The Merrick County government page lists court hours as 8:00 a.m. to 5:00 p.m., Monday through Friday, with closure during lunch, weekends and holidays. Call 308-946-2812 before traveling. |
| Use [email protected] for questions. Do not send a filing by email, because Nebraska court rules do not allow email filings for court cases (Neb. Ct. R. § 2-212). | |
| Register of deeds phone | The real-property affidavit under Neb. Rev. Stat. § 30-24,129 is recorded with the register of deeds office, not the court. For that office, use 308-946-2881 rather than the court's probate filing phone, and do not assume the court fax number reaches land records. |
| Remote-hearing request | Merrick County follows the fifth county judge district Remote Hearings rule. For a remote hearing under Neb. Rev. Stat. § 25-2704, file the request at least 48 hours before the hearing and contact the appropriate court representative at least 24 hours before the hearing for instructions. |
Recent updates
Scenarios
| Situation | Merrick County path | Where Sunset helps |
|---|---|---|
| Surviving spouse w/ co-owned home | Start with the deed and account titles. If only personal property remains and the affidavit requirements are met after thirty days, CC 15:40 may be presented to the holder under Neb. Rev. Stat. § 30-24,125. If a separate Nebraska real-property interest within the statutory ceiling needs to move by affidavit, CC 15:41 is recorded with the register of deeds under Neb. Rev. Stat. § 30-24,129. If Letters are needed, file with the clerk of the Merrick County Court in Central City. | Sunset helps identify accounts, confirm what is titled jointly, and organize the estate settlement packet before a filing decision is made. |
| Out-of-state adult child w/ small estate | If the personal-property affidavit applies, it does not require a trip to Central City because CC 15:40 is presented to the holder under Neb. Rev. Stat. § 30-24,125. If Letters are needed, mail the packet to P.O. Box 27, Central City, NE 68826, or use fax filing to 308-946-3838 with the uniform cover sheet under Neb. Ct. R. § 6-601(B). If a hearing is set, ask about the fifth district remote hearing procedure under Neb. Rev. Stat. § 25-2704. | Sunset helps gather account information, generate a probate packet, and coordinate with a local attorney if the estate needs court authority. |
| Parent settling predeceased child's estate, home must be sold | Plan on a court filing if a home must be sold. A clerk magistrate may hear some noncontested estate matters, but not a determination of title to real estate or authorization to sell or mortgage real estate (Neb. Rev. Stat. § 24-507, § 24-519). The Merrick County Court also handles the county inheritance tax determination, due twelve months after the date of death (Neb. Rev. Stat. § 77-2010, § 77-2018.01, § 77-2004). | Sunset helps build the asset list, prepare for creditor and tax steps, and connect the family with a vetted local probate attorney for the sale authority. |
Self-help resources
| Resource | How it helps |
|---|---|
| Nebraska Online Legal Self-Help Center, https://nebraskajudicial.gov/self-help | Statewide self-help information, including filing by fax for people without lawyers, the no-email-filing rule, and Limited Scope Representation information through nebraskajudicial.gov. |
| Estates section, https://nebraskajudicial.gov/self-help/estates | Explains Nebraska estate processes, claims against estates, deposit of wills, the testate informal-probate flowchart, and the two affidavit routes. |
| Additional Information: Estates, https://nebraskajudicial.gov/self-help/estates/additional-information-estates | Explains that the law allows self-representation while also warning that filing an estate will most often require an attorney's help. |
| Master forms list, https://nebraskajudicial.gov/forms | Use this to locate CC 15:40 under Neb. Rev. Stat. § 30-24,125, CC 15:41 under Neb. Rev. Stat. § 30-24,129, and other estates-series forms. |
| Legal Aid of Nebraska, https://legalaidofnebraska.org/how-we-help/ | 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 serves people 60 and over in all Nebraska counties. Screening depends on 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. |
| Nebraska Free Legal Answers, https://ne.freelegalanswers.org/ | A virtual civil legal advice clinic where qualifying users post questions for Nebraska-licensed volunteer lawyers. Its published topic list does not include estates, and volunteers cannot represent anyone in court. |
When to hire an attorney
Nebraska law 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 estates differ by property, debts, family structure and will status. In Merrick County, there is no local opening form packet for the application or petition, so Limited Scope Representation through nebraskajudicial.gov may be a practical middle step if you need a lawyer only for part of the case. 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 families identify accounts, policies and other assets that may belong in the estate settlement plan.
Generate the probate packet. Sunset turns the family and asset information into an organized packet for the Merrick County Court, including the local filing address, fax route, and reminders about Nebraska deadlines.
Find a local probate attorney. When the estate needs a formal petition, a home sale, an inheritance tax determination, or a contested issue, Sunset connects the family with a vetted Nebraska probate attorney.
Sunset is free for families. Families can use Sunset to organize estate settlement, understand the next step, and decide whether to file on their own or work with counsel.
Frequently asked questions
Where do I file probate in Merrick County?
File with the clerk of the Merrick County Court at 1510 18th Street, Central City, NE 68826, or mail to P.O. Box 27, Central City, NE 68826. 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 decedents' estates (Neb. Rev. Stat. § 24-517).
Do I need a lawyer for probate in Merrick County?
Nebraska law allows self-representation, but the Judicial Branch says filing an estate will most often require an attorney's help and that the Self-Help Center cannot supply forms for every situation. A lawyer is especially useful when there is a home sale, a dispute, a formal probate with notice, or inheritance tax work.
How much does it cost to file probate in Merrick County?
The Neb. Rev. Stat. § 33-125 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 uses a statutory 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. The statewide court-fee list effective July 1, 2026 gives $44 as the counter total for a probate commenced and closed informally, or $45 when a will is proved and a certificate of probate of will issues; confirm the current amount with the clerk before filing.
Can I avoid probate in Merrick County with an affidavit?
Sometimes. CC 15:40, the Affidavit for Transfer of Personal Property without Probate, may be used for personal property when the Neb. Rev. Stat. § 30-24,125 requirements are met, including the $100,000 ceiling and the thirty-day timing rule. A separate real-property affidavit, CC 15:41, is recorded with the register of deeds under Neb. Rev. Stat. § 30-24,129 when its requirements are met. Neither affidavit is the same as opening a Merrick County Court probate case.
Is there a Nebraska inheritance tax, and who do I pay in Merrick County?
Yes. Nebraska inheritance tax is a county tax: the Merrick 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).
Can I appear by phone or video for a Merrick County probate hearing?
Nebraska law allows qualifying county court hearings to be heard telephonically or by videoconference (Neb. Rev. Stat. § 25-2704). Merrick County's fifth county judge district Remote Hearings rule requires a virtual-conferencing request to be filed at least 48 hours before the hearing and participants to contact the appropriate court representative at least 24 hours before the hearing for instructions.
Can I send Merrick County probate filings by fax or email?
A person filing without a lawyer may file in person, by mail, or by fax to 308-946-3838 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 to the clerk is for questions only and does not create a court filing (Neb. Ct. R. § 2-212).
How do I look up a Merrick County probate case?
Use the Nebraska.gov JUSTICE case search at https://www.nebraska.gov/justice/case.cgi. A general search for a case list has no charge; viewing case details is $2, with no additional 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.
What are the Merrick County Court clerk's hours?
The Merrick County government page lists the court as open 8:00 a.m. to 5:00 p.m., Monday through Friday, closed during lunch, weekends and holidays. Call 308-946-2812 before traveling to Central City.
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.