Back to Nebraska
Nance County, NE Probate Information
Quick facts
| Item | Details |
|---|---|
| Court | Nance County Court |
| Courthouse address | 209 Esther St, Fullerton, NE 68638 |
| Mailing address | P.O. Box 837, Fullerton, NE 68638 |
| Phone | 308-536-2675 |
| Fax | 308-536-2742 |
| [email protected], for questions, not filings. Email filings are not allowed in Nebraska court cases (Neb. Ct. R. § 2-212). | |
| Hours | 8:00 a.m. to 5:00 p.m., Monday through Friday; closed weekends and holidays. The courthouse closes at 4:30 p.m.; call the court after 4:30 p.m. before planning an in-person filing. |
| Filing fee | As of August 2026, $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). Confirm the current amount with the clerk of the Nance County Court before you file. |
| Local forms | Nance County does not list a separate local probate form or local fee sheet. Use the Nebraska Judicial Branch estate resources and any attorney-prepared application or petition needed for the estate. |
| 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. Confirm with the clerk whether non-attorney electronic filing registration under Neb. Ct. R. § 2-216 is open before relying 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. As of August 2026, 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). Nance County sits in Nebraska's fifth county judge district, whose Remote Hearings rule requires a filed request at least 48 hours before the hearing and leaves virtual conferencing to the judge's discretion. |
| County judge district | Nebraska's fifth county judge district (Neb. Rev. Stat. § 24-503) |
| Website | https://nebraskajudicial.gov/courts/nance-county-court and https://nancecountyne.gov/county-court/ |
Before you begin — know the assets and liabilities
Before you choose a Nance County filing path, make a practical inventory of what the person owned, what debts are known, whether there is an original will, and which assets already pass by beneficiary designation, survivorship, trust, or another non-court transfer. Estate settlement moves faster when you know which bank accounts, vehicles, land, debts, and tax issues actually need a personal representative.
Sunset's asset discovery searches more than 2,300 financial institutions to help families find accounts and assets before papers are prepared for the Nance County Court. That search can keep an estate settlement from starting with an incomplete asset list.
Which court handles jurisdiction
Probate for Nance County is filed with the clerk of the Nance County Court at the courthouse in Fullerton. Nance County sits in Nebraska's fifth 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).
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).
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 county where the decedent's property was located at death (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 written court 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 with notice to interested persons.
- Gather the death certificate, the original will if there is one, the family and beneficiary information required for the application or petition, and a working list of Nebraska assets and debts. Informal probate cannot issue until at least 120 hours have elapsed since death (Neb. Rev. Stat. § 30-2415).
- Deliver the application or petition to the clerk of the Nance County Court at 209 Esther St, Fullerton, NE 68638, or mail it to P.O. Box 837, Fullerton, NE 68638. If you are filing without a lawyer, Nebraska permits filing in person, by mail, or by fax 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 probate filing fee set by Nebraska statute. As of August 2026, the statutory base is $22 for a probate proceeding commenced and closed informally, and formal probate fees run on the gross value schedule in Neb. Rev. Stat. § 33-125. Call the clerk of the Nance County Court to confirm the current amount and payment method before filing.
- After appointment of a personal representative, the clerk publishes notice to creditors once a week for three successive weeks in a newspaper of general circulation in the county, with the first publication within thirty days after appointment. Creditor claims are barred unless presented within two months after the date of first publication, subject to the statute's limited extension procedure (Neb. Rev. Stat. § 30-2483, § 30-2485).
- Handle required notices. If the decedent was fifty-five or older or resided in a medical institution, the Department of Health and Human Services notice rule may apply, and a nonconforming notice is void under Neb. Rev. Stat. § 30-2483.
- Obtain authority to act. After appointment, letters testamentary or letters of administration give the personal representative authority to collect assets, deal with creditors, and administer the estate. The court provides one certified copy of letters of appointment without charge in a formal probate (Neb. Rev. Stat. § 33-125).
- Administer and close the estate. Prepare the inventory, resolve claims, address Nebraska inheritance tax in the Nance County Court within twelve months after the date of death, distribute property, and file any required closing statement under Neb. Rev. Stat. § 30-24,128.
Forms and documents
Probate forms in Nance County
Nebraska publishes a partial statewide estate form set, but it does not publish a statewide application for informal probate or a petition for formal probate. Nance County does not list a separate local probate form or local fee sheet on its county court page, so families opening an estate should expect to prepare the application or petition themselves or with a lawyer.
| Form or resource | Use |
|---|---|
| CC 15:40, Affidavit for Transfer of Personal Property without Probate, revised July 2022 | Used for the personal property affidavit process under Neb. Rev. Stat. § 30-24,125. As of August 2026, the personal property ceiling is $100,000, a figure raised by 2022 Neb. Laws LB 1124, signed April 18, 2022. |
| CC 15:41, Affidavit for Transfer of Real Property without Probate, revised October 2025 | Used for the real property affidavit process under Neb. Rev. Stat. § 30-24,129. As of August 2026, the separate real property ceiling is $100,000, a figure raised by 2024 Neb. Laws LB 1195, signed April 15, 2024, and the affidavit is recorded with the register of deeds rather than filed with the court. |
| Uniform fax cover sheet | Required as the first page when a person filing without a lawyer sends a fax filing under Neb. Ct. R. § 6-601(B), which every Nebraska court must accept until July 1, 2028. |
| Flowchart for Informal Probate Filed with a Will (Testate) | A Nebraska Judicial Branch flowchart at nebraskajudicial.gov for uncontested informal probate with a will. It does not cover cases with no will, a contested will, or contested distribution. |
Local nuance
Nance County-specific considerations
| Local point | What it means |
|---|---|
| Courthouse closing caveat | The Nance County Court office lists 8:00 a.m. to 5:00 p.m. hours, but the courthouse closes at 4:30 p.m. Call the court after 4:30 p.m. before planning an in-person filing. |
| Clerk magistrate office | The filing office is the clerk of the Nance County Court, an office held here by a clerk magistrate (Neb. Rev. Stat. § 24-507). The office receives filings, fees, and questions, but legal advice should come from a lawyer. |
| Fifth district remote-hearing rule | Nance County is in Nebraska's fifth county judge district. Its Remote Hearings rule requires a request for virtual conferencing to be filed at least 48 hours before the hearing, and any exhibit for a virtual proceeding must be delivered in paper form at least 48 hours before the hearing, with remote hearing procedure governed by Neb. Rev. Stat. § 25-2704 and the judge's discretion. |
| Register of deeds for real property affidavits | The Nance County Register of Deeds is a separate office from the Nance County Court. A real property affidavit under Neb. Rev. Stat. § 30-24,129 is recorded there, not opened as a court probate case. |
Recent updates
Scenarios
| Scenario | Local path | Where Sunset helps |
|---|---|---|
| Surviving spouse with co-owned home | Start by identifying how the Fullerton or Nance County home is titled and whether any asset actually needs a personal representative. If a court estate is needed, file in the Nance County Court; if the statutory real property affidavit fits, the Affidavit for Transfer of Real Property without Probate is recorded with the register of deeds under Neb. Rev. Stat. § 30-24,129. | Sunset helps find accounts, organize title and beneficiary information, and prepare the estate settlement path before filing. |
| Out-of-state adult child with an affidavit path | If only personal property must be collected, thirty days have passed, no personal representative has been appointed or requested, and the personal property conditions fit the $100,000 ceiling as of August 2026, the claiming successor may use CC 15:40 with the property holder under Neb. Rev. Stat. § 30-24,125 rather than opening a Nance County Court estate. | Sunset helps identify institutions, assemble the affidavit packet, and decide when a Nance County Court filing is still needed. |
| Parent settling predeceased child's estate, home must be sold | Open the estate in the Nance County Court if a personal representative needs authority to sell real property or resolve title. A clerk magistrate may handle some uncontested estate matters, but authorization to sell or mortgage real estate is outside the clerk magistrate's estate authority and belongs before a county judge (Neb. Rev. Stat. § 24-519). | Sunset helps build the asset list, prepare the court packet, and connect the family with a local attorney for the sale and court authority issues. |
Self-help resources
| Resource | How it helps |
|---|---|
| Nebraska Online Legal Self-Help Center, https://nebraskajudicial.gov/self-help | Statewide virtual self-help information, including filing rules for people without lawyers and the rule that email is not a filing method. |
| Estates section, https://nebraskajudicial.gov/self-help/estates | Nebraska Judicial Branch estate information, including court processes, claims against estates, deposit of will, affidavits, motor vehicle title transfer, and the informal-probate flowchart. |
| Additional Information: Estates, https://nebraskajudicial.gov/self-help/estates/additional-information-estates | Explains that filing an estate will most often require an attorney's help, while Nebraska law allows self-representation. |
| Nebraska Judicial Branch forms, https://nebraskajudicial.gov/forms | Statewide form list that includes CC 15:40 under Neb. Rev. Stat. § 30-24,125 and CC 15:41 under Neb. Rev. Stat. § 30-24,129, but not an opening application or petition for every estate situation. |
| 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, and ElderAccessLine 1.800.527.7249 for people 60 and over in all 93 counties. Screening depends on household income, assets, and legal issue; its 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 free virtual legal advice clinic for qualifying civil questions. Its published topic list does not include estates, and volunteer lawyers cannot represent anyone in court. |
| Limited Scope Representation, https://nebraskajudicial.gov/self-help | Information about hiring a lawyer for part of a case, which can be useful when a Nance County estate needs targeted legal help. |
When to hire an attorney
Nebraska does not require a personal representative to hire a lawyer, and the Judicial Branch's self-help materials say the law allows you to represent yourself. The same materials say that filing an estate will most often require an attorney's help, especially when there is real estate, a contested family issue, creditor pressure, inheritance tax, missing heirs, or a question about which form of probate to use. Limited Scope Representation through nebraskajudicial.gov may be an option for help with only part of the case. Sunset connects families to a vetted attorney.
How Sunset helps
Find the accounts and assets. Sunset searches more than 2,300 financial institutions and helps families identify accounts, insurance, retirement assets, and debts that may affect a Nance County estate settlement.
Generate the probate packet. Sunset organizes the family, asset, debt, and court-contact information needed to prepare an application, petition, affidavit, notices, and next-step checklist for the Nance County Court process.
Find a local probate attorney. When the estate needs formal probate, real estate authority, inheritance tax help, or contested guidance, Sunset connects the family with a vetted local probate attorney.
Sunset is free for families. Sunset helps families start estate settlement, understand the local filing path, and decide whether attorney help is needed without charging families for the core service.
Frequently asked questions
Where do I file probate in Nance County?
File with the clerk of the Nance County Court in Fullerton. The physical courthouse address is 209 Esther St, Fullerton, NE 68638, and the mailing address is P.O. Box 837, Fullerton, NE 68638.
Do I need a lawyer for probate in Nance County?
Nebraska law allows self-representation, but the Judicial Branch says filing an estate will most often require an attorney's help. A lawyer is especially useful for formal probate with notice, real estate sales, contested issues, creditor disputes, or inheritance tax questions.
How much does it cost to open probate in Nance County?
As of August 2026, the statutory base is $22 for a probate proceeding commenced and closed informally, with formal probate charged on a gross value schedule that runs from $22 to $1,500 (Neb. Rev. Stat. § 33-125). Call the clerk of the Nance County Court before filing to confirm the current total and payment method.
Can I avoid a court estate with an affidavit in Nance County?
Sometimes. As of August 2026, Nebraska has a $100,000 personal property affidavit process using CC 15:40 under Neb. Rev. Stat. § 30-24,125, with the figure raised by 2022 Neb. Laws LB 1124, signed April 18, 2022. Nebraska also has a separate real property affidavit process using CC 15:41 under Neb. Rev. Stat. § 30-24,129, with its $100,000 figure raised by 2024 Neb. Laws LB 1195, signed April 15, 2024; that real property affidavit is recorded with the register of deeds.
Is there a Nebraska inheritance tax for a Nance County estate?
Yes. Nebraska is one of the few states with an inheritance tax, and it is a county tax: the Nance 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 attend a Nance County probate hearing by phone or video?
Remote hearing procedure starts with Nebraska law, which allows nonevidentiary hearings and approved evidentiary hearings with the stipulation of all appearing parties to be heard by telephone or videoconference (Neb. Rev. Stat. § 25-2704). Nance County is in the fifth county judge district, whose Remote Hearings rule requires a filed request at least 48 hours before the hearing and leaves virtual conferencing to the judge's discretion.
Can I use fax or email for a Nance County probate filing?
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. Nebraska attorneys must use electronic filing under Neb. Ct. R. § 2-202. Email filings are not allowed in Nebraska court cases (Neb. Ct. R. § 2-212).
How do I look up a Nance County probate case?
Nebraska trial court case information is available through Nebraska.gov's JUSTICE case management search at https://www.nebraska.gov/justice/case.cgi. As of August 2026, general searches for lists of cases are free, viewing case details costs $2, frequent users can open a Nebraska.gov subscriber account for an annual $100, and the same case information is free at any courthouse kiosk or law library.
What are the Nance County Court clerk's hours?
The Nance County Court lists office hours from 8:00 a.m. to 5:00 p.m., Monday through Friday, closed weekends and holidays. The courthouse closes at 4:30 p.m., so call 308-536-2675 after 4:30 p.m. before planning an in-person filing.
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.