Back to Nebraska
Nemaha County, NE Probate Information
Quick facts
| Item | Nemaha County details |
|---|---|
| Court | Nemaha County Court |
| Courthouse address | 1824 N Street, Suite 302, Auburn, NE 68305 |
| Mailing address | Nemaha County Court, 1824 N Street, Suite 302, Auburn, NE 68305 |
| Phone | 402-274-3008 |
| Fax | 402-274-4605 |
| [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 | As of July 1, 2026, $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 (Neb. Rev. Stat. § 33-125). Confirm the current amount with the clerk of the Nemaha County Court before you file. |
| Local forms | Nemaha County does not publish a local probate form or local cover sheet. Use the Nebraska Judicial Branch forms that apply, including CC 15:40 under Neb. Rev. Stat. § 30-24,125, CC 15:41 under Neb. Rev. Stat. § 30-24,129, and the uniform fax cover sheet required by 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. Email filings are not allowed in any Nebraska court (Neb. Ct. R. § 2-212). Neb. Ct. R. § 2-216 provides for optional non-attorney e-filing registration; confirm with the clerk of the Nemaha County Court whether that registration is open before you rely 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. 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). Nemaha County sits in the first county judge district, whose Protocol for Virtual Meetings requires a request filed with the clerk's office at least three business days before the hearing and leaves remote participation to the presiding judge's sole discretion. |
| County judge district | First county judge district (Neb. Rev. Stat. § 24-503) |
| Website | https://nebraskajudicial.gov/courts/nemaha-county-court and https://nemahacountyne.gov/county-court/ |
Before you begin — know the assets and liabilities
Before you choose a Nemaha County probate path, list the decedent's assets, debts, account ownership, beneficiary designations, deeds, vehicles, and expected creditor issues. The right estate settlement route depends on what must be transferred, whether Letters are needed, whether real estate is involved, and whether any beneficiary or creditor issue is likely to be contested.
Sunset's asset discovery searches more than 2,300 institutions to help families find accounts, insurance, retirement assets, loans, and other financial relationships before filing in Auburn. That inventory helps you decide whether an affidavit, informal probate, or a formal court petition is the better local next step.
Which court handles jurisdiction
Probate for Nemaha County is filed with the clerk of the Nemaha County Court at 1824 N Street, Suite 302, Auburn, Nebraska. The Auburn courthouse serves Nemaha County, including Auburn, Peru, Brock, Brownville, Johnson, Julian, and the village of Nemaha.
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). Nemaha 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 county where the decedent had property at death (Neb. Rev. Stat. § 30-2410).
The jurisdiction process
- Choose the opening path. For informal probate, prepare an application to the registrar; 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 county court (Neb. Rev. Stat. § 30-2216). For formal probate, prepare a petition to the court with notice to interested persons.
- Gather the death certificate, the original will if there is one, a list of heirs and devisees, asset information, debts, and addresses for interested persons. Informal probate cannot issue until at least 120 hours have elapsed since death (Neb. Rev. Stat. § 30-2415).
- File with the clerk of the Nemaha County Court at 1824 N Street, Suite 302, Auburn, NE 68305. A person filing without a lawyer may file in person, by mail, or by fax to 402-274-4605 with the uniform cover sheet required by Neb. Ct. R. § 6-601(B); email filing is not allowed under Neb. Ct. R. § 2-212. A Nebraska attorney must use electronic filing under Neb. Ct. R. § 2-202.
- Pay the filing fee. As of July 1, 2026, an informal proceeding commenced and closed informally starts at $22, and formal probate is charged under the gross-value schedule in Neb. Rev. Stat. § 33-125. Confirm the amount with the clerk before sending payment.
- Address notice and publication. 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 (Neb. Rev. Stat. § 30-2483). Claims subject to that notice are generally barred unless presented within two months after the first publication date (Neb. Rev. Stat. § 30-2485).
- Give any required Department of Health and Human Services notice if the decedent was 55 or older or resided in a medical institution, because Neb. Rev. Stat. § 30-2483 makes that notice part of the estate process.
- If a hearing is set, ask early about the first county judge district's virtual-meeting protocol. Nebraska law permits certain hearings by telephone or videoconference under Neb. Rev. Stat. § 25-2704, and the district protocol requires a request filed with the clerk's office at least three business days before the hearing.
- Obtain authority to act. If the appointment is granted, the court issues letters testamentary when there is a will or 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(2).
- Administer the estate. Collect assets, protect property, evaluate claims, keep records, prepare the inventory, and handle any Nebraska inheritance tax determination. Nebraska inheritance tax is a county tax determined by the Nemaha County Court and due twelve months after the date of death (Neb. Rev. Stat. § 77-2004, § 77-2010, § 77-2018.01).
- Distribute and close. After claims, taxes, expenses, and court requirements are addressed, distribute remaining property to the people entitled to it and file the closing statement when the estate is ready to close (Neb. Rev. Stat. § 30-24,128).
Forms and documents
Probate forms in Nemaha County
Nebraska publishes several estate-related forms, but the available set is partial. The key affidavit forms are CC 15:40, Affidavit for Transfer of Personal Property without Probate, revised July 2022, for the personal-property route 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 route under Neb. Rev. Stat. § 30-24,129.
As of the current form set, the Nebraska Judicial Branch does not publish a fill-in application for informal probate, a fill-in petition for formal probate, a fill-in Letters form, or an inventory form for every estate. Nemaha County does not publish a local probate form or local cover sheet of its own. The clerk can receive filings, but the clerk cannot draft the application or petition for you.
If you file by fax as a person without a lawyer, use the uniform fax cover sheet required by Neb. Ct. R. § 6-601(B). The Nebraska Judicial Branch also publishes a testate informal-probate flowchart at nebraskajudicial.gov for uncontested cases with a will; that flowchart does not apply when there is no will, the will is contested, or the estate or distribution is contested.
Local nuance
Nemaha County-specific considerations
| Local point | Why it matters |
|---|---|
| Midday court closure | The Nemaha County Court counter is open 8:00 am to 12:00 pm and 1:00 pm to 5:00 pm, Monday through Friday. Build that lunch closure into any in-person filing plan. |
| Separate land-records counter | The Nemaha County Register of Deeds is in the same courthouse at 1824 N Street, Suite 201, Auburn, NE 68305, with phone 402-274-4213 ext. 3. That is where a real property affidavit under Neb. Rev. Stat. § 30-24,129 is recorded, not where probate is opened. |
| Virtual-meeting protocol | Under the first county judge district's protocol and Neb. Rev. Stat. § 25-2704, remote participation is at the presiding judge's sole discretion. A request must be filed with the clerk's office at least three business days before the hearing, and video participants must be logged in five minutes early. |
| County seat clarity | The courthouse is in Auburn. Nemaha is also the name of a village in the county, but probate filings for Nemaha County go to the Nemaha County Court in Auburn. |
Recent updates
| Date | Local update |
|---|---|
| February 16, 2023, amended March 15, 2023 | The first county judge district's Protocol for Virtual Meetings, which includes Nemaha County, sets local procedure for requests to participate in hearings by telephone or videoconference under Neb. Rev. Stat. § 25-2704. |
Scenarios
| Situation | Likely Nemaha County path | Where Sunset helps |
|---|---|---|
| Surviving spouse with a co-owned home | Start with deed and account titling. If only personal property needs transfer and the $100,000 personal-property affidavit requirements are met after thirty days under Neb. Rev. Stat. § 30-24,125, CC 15:40 may help. If a qualifying real-property interest must transfer by affidavit, CC 15:41 is recorded with the Nemaha County Register of Deeds under Neb. Rev. Stat. § 30-24,129. If Letters are needed, file in the Nemaha County Court in Auburn. | Sunset helps identify accounts, beneficiary designations, debts, and real estate before the family chooses an estate settlement path. |
| Out-of-state adult child with a small estate | If the affidavit route fits, it may not require a trip to Auburn. If Letters are needed, send the filing to 1824 N Street, Suite 302, Auburn, NE 68305, or fax it to 402-274-4605 with the Neb. Ct. R. § 6-601(B) cover sheet. A request for remote participation must be filed at least three business days before the hearing under Neb. Rev. Stat. § 25-2704 and the first district protocol. | Sunset organizes the asset list, helps prepare a filing packet, and helps you decide what must be mailed, faxed, or handled through a local attorney. |
| Parent settling predeceased child's estate, home must be sold | A sale usually requires a court estate rather than an affidavit transfer. A clerk magistrate may hear certain noncontested estate matters, but not a determination of title to real estate or authorization to sell or mortgage real estate; those matters go to a county judge (Neb. Rev. Stat. § 24-519). The Nemaha County Court also handles the Nebraska inheritance tax determination (Neb. Rev. Stat. § 77-2004, § 77-2010, § 77-2018.01). | Sunset helps gather financial facts, generate the probate packet, and connect the family with a local probate attorney when real estate sale authority is needed. |
Self-help resources
| Resource | How it helps |
|---|---|
| Clerk of the Nemaha County Court | 1824 N Street, Suite 302, Auburn, NE 68305. Phone 402-274-3008. Fax 402-274-4605. 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. |
| Nemaha County Court webpage | https://nemahacountyne.gov/county-court/ |
| Nemaha County Register of Deeds | 1824 N Street, Suite 201, Auburn, NE 68305. Phone 402-274-4213 ext. 3. Hours are 8:00 a.m. to 5:00 p.m., Monday through Friday. This is where a real property affidavit under Neb. Rev. Stat. § 30-24,129 is recorded. |
| Nebraska Online Legal Self-Help Center and Estates section | https://nebraskajudicial.gov/self-help and https://nebraskajudicial.gov/self-help/estates. The virtual self-help materials explain estates, court processes, claims, will deposit, and affidavit options. Court employees cannot give legal advice. |
| Affidavit forms CC 15:40 and CC 15:41 | CC 15:40 is the Affidavit for Transfer of Personal Property without Probate under Neb. Rev. Stat. § 30-24,125. CC 15:41 is the Affidavit for Transfer of Real Property without Probate under Neb. Rev. Stat. § 30-24,129. The forms are available at https://nebraskajudicial.gov/sites/default/files/CC-15-40.pdf and https://nebraskajudicial.gov/sites/default/files/CC-15-41.pdf. |
| Uniform fax cover sheet | Use the statewide fax cover sheet for a non-attorney fax filing under Neb. Ct. R. § 6-601(B): https://nebraskajudicial.gov/sites/default/files/Ch6Art6App1.pdf. |
| Statewide case search | https://www.nebraska.gov/justice/case.cgi. JUSTICE through Nebraska.gov provides trial court case search access; general searches are free, case details cost $2, and subscriber accounts are available for an annual $100. |
| Legal Aid of Nebraska | Statewide AccessLine 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. ElderAccessLine 1.800.527.7249 for people 60 and over in all 93 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. See legalaidofnebraska.org. |
| Nebraska Free Legal Answers | https://ne.freelegalanswers.org/. Qualifying users can post non-criminal civil legal questions for Nebraska volunteer lawyers, but the published topic list does not include estates and volunteers cannot represent anyone in court. |
When to hire an attorney
Nebraska does not require a personal representative to hire a lawyer, and the Nebraska Judicial Branch's self-help materials at nebraskajudicial.gov say the law allows you to represent yourself. The same materials say that filing an estate will most often require an attorney's help, and Nemaha County does not publish a local opening application or petition; the clerk can receive the filing but cannot give legal advice. Limited Scope Representation through nebraskajudicial.gov may let you hire a lawyer for only part of the case, and Legal Aid of Nebraska can be reached at 1.877.250.2016 even though estate administration is not one of its published practice areas. Sunset connects families in Nemaha County to a vetted local probate attorney.
How Sunset helps
Find the accounts and assets. Sunset searches more than 2,300 financial institutions and helps organize bank accounts, investments, retirement accounts, insurance, vehicles, real estate, loans, and recurring bills so the family starts estate settlement with a clearer asset picture.
Generate the probate packet. Sunset uses the information you provide to assemble a county-ready probate packet for the path you choose, including Nemaha County filing details, the correct court address, and reminders about fax filing, notice, and inheritance tax deadlines.
Find a local probate attorney. When a Nemaha County estate involves a home sale, a contested issue, missing heirs, creditor problems, or a formal petition, Sunset can connect the family with a vetted Nebraska probate attorney.
Sunset is free for families. Sunset does not charge families to organize estate settlement, find assets, generate documents, or connect with probate support.
Frequently asked questions
Where do I file probate in Nemaha County?
File probate with the clerk of the Nemaha County Court at 1824 N Street, Suite 302, Auburn, NE 68305. Nebraska district courts do not hear probate; the county court has exclusive original jurisdiction over decedents' estates (Neb. Rev. Stat. § 24-517).
Do I need a lawyer for Nemaha County probate?
Nebraska law allows a person to represent themselves, but the Nebraska Judicial Branch says filing an estate will most often require help from an attorney. That is especially true when no fill-in opening form fits the case, when real estate must be sold, when a formal probate petition with notice is needed, or when inheritance tax questions arise (Neb. Rev. Stat. § 77-2004).
How much does probate cost to file in Nemaha County?
As of July 1, 2026, an informal proceeding commenced and closed informally is $22, with another $22 for each later petition or application in that informal proceeding. Formal probate uses a gross-value schedule that runs from $22 for estates of $1,000 or less to $1,500 for estates over $5,000,000 (Neb. Rev. Stat. § 33-125). Confirm the amount with the clerk before filing.
Can I avoid probate in Nemaha County with an affidavit?
Possibly, if the facts fit the statute. Since 2022, the personal-property affidavit under Neb. Rev. Stat. § 30-24,125 uses a $100,000 ceiling, raised by 2022 Neb. Laws LB 1124, signed April 18, 2022. Since 2024, the real-property affidavit under Neb. Rev. Stat. § 30-24,129 also uses a separate $100,000 ceiling, raised by 2024 Neb. Laws LB 1195, signed April 15, 2024, and is recorded with the Nemaha County Register of Deeds rather than filed as a probate case.
Is there a Nebraska inheritance tax in Nemaha County, and who gets paid?
Yes. Nebraska inheritance tax is a county tax; the Nemaha 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 appear by phone or video for a Nemaha County probate hearing?
Nebraska law allows nonevidentiary county court hearings, and certain evidentiary hearings approved by the court with all appearing parties' stipulation, to be heard by telephone or videoconference (Neb. Rev. Stat. § 25-2704). In the first county judge district, remote participation is at the presiding judge's sole discretion, and a request must be filed with the clerk's office at least three business days before the hearing.
Can I file Nemaha County probate papers by fax or email?
A person filing without a lawyer may file in person, by mail, or by fax to 402-274-4605 with the uniform cover sheet required by Neb. Ct. R. § 6-601(B), which every Nebraska court must accept until July 1, 2028. Email filings are not allowed in Nebraska court cases under Neb. Ct. R. § 2-212. A Nebraska attorney must file electronically under Neb. Ct. R. § 2-202.
How do I look up a Nemaha County probate case?
Use the statewide Nebraska.gov trial court case search at https://www.nebraska.gov/justice/case.cgi, which runs on the Judicial Branch's JUSTICE system. A general search list is free, viewing a case's details costs $2, 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.
What are the Nemaha County Court hours?
The Nemaha County Court is open 8:00 am to 12:00 pm and 1:00 pm to 5:00 pm, Monday through Friday. The court closes over the midday hour, so call 402-274-3008 before traveling if you need to file in person.
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.