Back to Nebraska
Nuckolls County, NE Probate Information
Quick facts
| Item | Details |
|---|---|
| Court | Nuckolls County Court |
| Courthouse address | 150 South Main Street, Nelson, NE 68961 |
| Mailing address | P.O. Box 372, Nelson, NE 68961 |
| Phone | 402-225-2371 |
| Fax | 402-225-2373 |
| [email protected], for questions only. Emailed documents do not start a court case (Neb. Ct. R. § 2-212). | |
| Hours | 8:00 a.m. to 4:00 p.m., Monday through Friday. The office is open through the lunch hour and is closed weekends and holidays. |
| 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). The statewide filing fees and court costs schedule effective July 1, 2026 lists an informal probate counter total of $44, or $45 when a will is proved. Confirm the current amount with the clerk of the Nuckolls County Court before you file. |
| Local forms | Nuckolls County does not publish a local probate packet or local cover sheet. Use the Nebraska Judicial Branch forms and the uniform fax cover sheet where they apply. |
| 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 e-filing registration; confirm with the clerk whether that registration 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: https://www.nebraska.gov/justice/case.cgi. A general search for a list of cases is free; viewing a case's details costs $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 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 (Neb. Rev. Stat. § 25-2704). Nuckolls County sits in Nebraska's tenth county judge district, whose Rules for Remote Technology allow a proceeding other than a jury trial to be conducted remotely by agreement of the parties and with the court's permission. Contact the clerk magistrate at least 5 days before the hearing to ask how to request one. |
| County judge district | Nebraska's tenth county judge district (Neb. Rev. Stat. § 24-503). The district assigns county judges and local county court rules; it does not move the filing counter out of Nuckolls County. |
| Website | https://nebraskajudicial.gov/courts/nuckolls-county-court |
Before you begin — know the assets and liabilities
Before you choose a Nebraska probate filing, identify what the person owned, how each asset was titled, what debts exist, whether there is an original will, and whether any account or real estate can pass outside a court case. That asset map controls whether you need Letters from the Nuckolls County Court, an affidavit route, or another estate settlement step.
Sunset's estate settlement process starts with asset discovery across more than 2,300 financial institutions, then uses the results to help families decide what documents and local filings may be needed in Nelson.
Which court handles jurisdiction
Probate for Nuckolls County is filed with the clerk of the Nuckolls County Court at 150 South Main Street, Nelson, NE 68961, with mail sent to P.O. Box 372, Nelson, NE 68961. 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).
Nuckolls County sits in Nebraska's tenth county judge district, which is how county judges and the county court's local rules are assigned; the estate case itself is filed at this county's courthouse in Nelson (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 Nebraska track. An informal probate uses an application delivered to the clerk of the Nuckolls County Court for action by the registrar; the registrar's acts are performed by a county judge or by a person designated by the court in a written order (Neb. Rev. Stat. § 30-2216). A formal probate uses a petition to the court after notice.
- Gather the death certificate, the original will if there is one, names and addresses of interested persons, a first inventory of known assets and liabilities, and any information needed to decide whether a no-court affidavit route fits.
- Deliver the application or petition to the clerk of the Nuckolls County Court at 150 South Main Street, Nelson, NE 68961, mail it to P.O. Box 372, Nelson, NE 68961, or, if you are filing without a lawyer, use fax filing to 402-225-2373 with the uniform cover sheet required by Neb. Ct. R. § 6-601(B). A Nebraska attorney must use e-filing under Neb. Ct. R. § 2-202. Emailed documents are not court filings (Neb. Ct. R. § 2-212).
- Pay the required filing fee. Informal proceedings commenced and closed informally start with the $22 statutory base fee, and formal probate fees are set by gross value under Neb. Rev. Stat. § 33-125. Confirm the counter total with the clerk before you send payment.
- For informal probate, wait for the statutory timing rule. The registrar may issue the written statement of informal probate only if at least 120 hours have elapsed since death (Neb. Rev. Stat. § 30-2415).
- After appointment, notice to creditors is published by the clerk once a week for three successive weeks, with first publication within thirty days after appointment (Neb. Rev. Stat. § 30-2483). 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. § 30-2485).
- Give Department of Health and Human Services notice when the Nebraska Probate Code requires it, including when the decedent was 55 or older or resided in a medical institution (Neb. Rev. Stat. § 30-2483).
- Obtain Letters after the appointment is entered. The court issues letters testamentary when there is a will and letters of administration when there is no will; one certified copy of Letters is provided without charge under Neb. Rev. Stat. § 33-125(2).
- Administer the estate: collect assets, keep records, address creditor claims, prepare the inventory, and handle any inheritance tax determination. In Nuckolls County, the Nuckolls County Court determines the Nebraska inheritance tax, which is a county tax due twelve months after the date of death (Neb. Rev. Stat. § 77-2010, § 77-2018.01, § 77-2004).
- If a hearing is set, ask early about remote participation. Under Neb. Rev. Stat. § 25-2704 and the tenth county judge district's Rules for Remote Technology, remote participation requires the court's permission and, for the district rule, contact with the clerk magistrate at least 5 days before the hearing.
- Distribute property only after authority, notices, claims, taxes, and required approvals are handled. Close the estate with the appropriate closing statement under Neb. Rev. Stat. § 30-24,128.
Forms and documents
Probate forms in Nuckolls County
Nuckolls County does not publish a local probate packet, local probate cover sheet, or local instruction sheet. The county's court page points families to Nebraska Judicial Branch court forms rather than a Nuckolls-only packet.
The Nebraska Judicial Branch publishes CC 15:40, Affidavit for Transfer of Personal Property without Probate, revised July 2022, for the personal property affidavit route under Neb. Rev. Stat. § 30-24,125: https://nebraskajudicial.gov/sites/default/files/CC-15-40.pdf. It also publishes CC 15:41, Affidavit for Transfer of Real Property without Probate, revised October 2025, for the real property affidavit route under Neb. Rev. Stat. § 30-24,129: https://nebraskajudicial.gov/sites/default/files/CC-15-41.pdf. The real property affidavit is recorded with the Nuckolls County Register of Deeds, not with the county court (Neb. Rev. Stat. § 30-24,129).
The uniform fax cover sheet is required for fax filing under Neb. Ct. R. § 6-601(B): https://nebraskajudicial.gov/sites/default/files/Ch6Art6App1.pdf. The Judicial Branch also publishes an informal-probate flowchart for a testate, uncontested case: https://nebraskajudicial.gov/sites/default/files/AD-2-26.pdf. There is no Judicial Branch application or petition form that opens every decedent's estate, and the clerk cannot draft one for you.
Local nuance
Nuckolls County-specific considerations
| Local point | What it means |
|---|---|
| Lunch-hour access | The Nuckolls County Court is open 8:00 a.m. to 4:00 p.m., Monday through Friday, and the office stays open through the lunch hour. |
| Real property affidavit location | The Nuckolls County Register of Deeds is at the same street address, 150 South Main Street, Nelson, NE 68961, but it is a separate office. A qualifying real property affidavit is recorded there under Neb. Rev. Stat. § 30-24,129. |
| District 10 remote rule | Nuckolls County is in Nebraska's tenth county judge district (Neb. Rev. Stat. § 24-503). Its Rules for Remote Technology require court permission, party agreement where the rule requires it, and contact with the clerk magistrate at least 5 days before the hearing, consistent with Neb. Rev. Stat. § 25-2704. |
Recent updates
| Update | What changed |
|---|---|
| Tenth county judge district remote technology rule | The Rules for Remote Technology of the Tenth Judicial District, which includes Nuckolls County, were approved October 26, 2022. The rule allows certain proceedings other than jury trials to be conducted by remote technology by agreement of the parties and with the court's permission, and it directs a party requesting remote participation to contact the clerk magistrate at least 5 days before the hearing, consistent with Neb. Rev. Stat. § 25-2704. |
Scenarios
| Situation | Likely Nuckolls 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 conditions fit, CC 15:40 can be presented to the holder of the property under Neb. Rev. Stat. § 30-24,125. If a separate qualifying real property affidavit fits, CC 15:41 is recorded with the Nuckolls County Register of Deeds under Neb. Rev. Stat. § 30-24,129. If Letters are needed, file the application or petition with the Nuckolls County Court in Nelson. | Sunset helps identify accounts, confirm which assets may pass outside the court case, and assemble the estate settlement packet for the path that fits. |
| Out-of-state adult child w/ small estate | If the personal property affidavit route fits, it does not require a trip to the Nuckolls County Court because the affidavit is presented to the holder of the property under Neb. Rev. Stat. § 30-24,125. If Letters are needed, the filing can be mailed to P.O. Box 372, Nelson, NE 68961, or sent by fax to 402-225-2373 with the uniform cover sheet under Neb. Ct. R. § 6-601(B). If a hearing is set, ask about remote participation under Neb. Rev. Stat. § 25-2704 and the tenth county judge district rule. | Sunset helps locate assets, prepare a document checklist, and connect the family with a local probate attorney when a court filing is needed. |
| Parent settling predeceased child's estate, home must be sold | Neither affidavit route is a sale order. Open the estate with the clerk of the Nuckolls County Court. A clerk magistrate may hear noncontested estate and inheritance tax matters, but a determination of title to real estate or authorization to sell or mortgage real estate goes to a county judge (Neb. Rev. Stat. § 24-519, § 24-507). The Nuckolls County Court also determines the inheritance tax, due twelve months after death (Neb. Rev. Stat. § 77-2010, § 77-2018.01, § 77-2004). | Sunset helps collect asset information, organize real estate and debt details, and connect the family with a vetted attorney for the sale authority and closing steps. |
Self-help resources
| Resource | How it helps |
|---|---|
| Clerk of the Nuckolls County Court | 150 South Main Street, Nelson, NE 68961. Mailing address: P.O. Box 372, Nelson, NE 68961. Phone 402-225-2371. Fax 402-225-2373. Email [email protected] for questions, not filings. Hours are 8:00 a.m. to 4:00 p.m., Monday through Friday, open through the lunch hour. Court page: https://nebraskajudicial.gov/courts/nuckolls-county-court. |
| Nuckolls County government court page | Local county page with court contact information: https://nuckollscountyne.gov/county-court/. |
| Nuckolls County Register of Deeds | 150 South Main Street, Nelson, NE 68961. Phone 402-225-4361. This is where a qualifying Affidavit for Transfer of Real Property without Probate is recorded under Neb. Rev. Stat. § 30-24,129. Page: https://nuckollscountyne.gov/register-of-deeds/. |
| Nebraska Online Legal Self-Help Center | Virtual self-help information from the Nebraska Judicial Branch: https://nebraskajudicial.gov/self-help. Court employees cannot give legal advice. |
| Estates section and Additional Information: Estates | Nebraska estate information, affidavit guidance, and self-representation guidance: https://nebraskajudicial.gov/self-help/estates and https://nebraskajudicial.gov/self-help/estates/additional-information-estates. |
| Affidavit forms CC 15:40 and CC 15:41 | CC 15:40 for personal property under Neb. Rev. Stat. § 30-24,125: https://nebraskajudicial.gov/sites/default/files/CC-15-40.pdf. CC 15:41 for real property under Neb. Rev. Stat. § 30-24,129: https://nebraskajudicial.gov/sites/default/files/CC-15-41.pdf. |
| Uniform fax cover sheet | Required first page for fax filing under Neb. Ct. R. § 6-601(B): https://nebraskajudicial.gov/sites/default/files/Ch6Art6App1.pdf. |
| Statewide case search | JUSTICE case search through Nebraska.gov: https://www.nebraska.gov/justice/case.cgi. |
| Filing fees and court costs schedule | Statewide filing fees and court costs schedule effective July 1, 2026: https://nebraskajudicial.gov/rules/administrative-policies-schedules/filing-fees-and-court-costs. |
| Limited Scope Representation | Information on hiring a lawyer for part of a case through Nebraska Judicial Branch resources: https://nebraskajudicial.gov/self-help/limited-scope-representation/people-wanting-limited-legal-assistance. |
| 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. Published practice areas are family, debt, housing, and benefits rather than estate administration, and the organization takes no walk-ins. Website: https://legalaidofnebraska.org/. |
| Nebraska Free Legal Answers | Free Legal Answers is a free email legal advice clinic for qualifying civil questions, but its published topic list does not include estates and volunteers cannot represent anyone in court. Website: https://ne.freelegalanswers.org/. |
When to hire an attorney
Nebraska does not require a personal representative to hire a lawyer, and the Nebraska Judicial Branch's estate materials say the law allows self-representation. The same materials say filing an estate will most often require an attorney's help and that the Self-Help Center cannot provide forms for every situation. In Nuckolls County, there is no local opening packet and no Judicial Branch application or petition form that fits every estate, so Limited Scope Representation through nebraskajudicial.gov may be a middle option for families who want help with only part of the case. Sunset connects families with 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, balances, and asset leads before you decide which Nuckolls County estate settlement path fits.
Generate the probate packet. Sunset uses the asset picture, family information, and local court details to help assemble a practical packet for the Nuckolls County Court, the affidavit forms, or attorney review.
Find a local probate attorney. When the estate needs Letters, a real estate sale, inheritance tax work, or a formal probate after notice, Sunset can connect the family with a vetted attorney familiar with Nebraska county court practice.
Sunset is free for families. Families can use Sunset to organize estate settlement tasks, understand the next local step, and get matched with help without paying Sunset a fee.
Frequently asked questions
Where do I file probate in Nuckolls County?
File with the clerk of the Nuckolls County Court at 150 South Main Street, Nelson, NE 68961, or mail the filing to P.O. Box 372, Nelson, NE 68961. Nebraska district courts do not hear probate; a will is proved and letters are issued in the county court, which has exclusive original jurisdiction over decedents' estates (Neb. Rev. Stat. § 24-517).
What are the Nuckolls County Court hours?
The Nuckolls County Court is open 8:00 a.m. to 4:00 p.m., Monday through Friday. The office stays open through the lunch hour and is closed weekends and holidays.
Do I need a lawyer for Nuckolls County probate?
Nebraska law allows a personal representative to proceed without a lawyer, but the Judicial Branch says filing an estate will most often require an attorney's help because estates differ and the Self-Help Center cannot provide forms for every situation. In Nuckolls County, the clerk can accept filings but cannot draft your application or petition or give legal advice.
How much does probate cost in Nuckolls County?
The filing fee is set by Nebraska statute, not locally. Informal proceedings commenced and closed informally have a $22 statutory base fee, with additional $22 charges for later petitions or applications in an informal proceeding; formal probate uses a gross value schedule from $22 to $1,500 (Neb. Rev. Stat. § 33-125). The statewide filing fees and court costs schedule effective July 1, 2026 lists an informal probate counter total of $44, or $45 when a will is proved. Confirm the amount with the clerk before filing.
Can I use an affidavit instead of opening a Nuckolls County probate case?
Sometimes. For personal property, CC 15:40 may be presented to the holder of the property when the statutory conditions fit, including the $100,000 ceiling and timing requirements under Neb. Rev. Stat. § 30-24,125. For qualifying real property, CC 15:41 is recorded with the Nuckolls County Register of Deeds under Neb. Rev. Stat. § 30-24,129. The two affidavit routes are separate, and the real property route is not filed with the county court.
Can I fax documents or send them by email to the Nuckolls County Court?
A person filing without a lawyer may use fax filing to 402-225-2373 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 e-filing under Neb. Ct. R. § 2-202. Emailed documents are not court filings under Neb. Ct. R. § 2-212, although the clerk's email may be used for questions.
How do I look up a Nuckolls County probate case?
Use the Nebraska.gov JUSTICE trial court case search at https://www.nebraska.gov/justice/case.cgi. A general search for a case list is free, viewing case details costs $2 per case, document images have no extra charge, 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.
Can I appear by phone or video for a Nuckolls County probate hearing?
Possibly, if the court permits it. Nebraska law allows all nonevidentiary hearings, and evidentiary hearings approved by the county court with all appearing parties' stipulation, to be heard by telephone or videoconference (Neb. Rev. Stat. § 25-2704). Nuckolls County is in the tenth county judge district, whose remote technology rule requires court permission and contact with the clerk magistrate at least 5 days before the hearing.
Is there a Nebraska inheritance tax in Nuckolls County, and who is paid?
Yes. Nebraska is one of the few states with an inheritance tax, and it is a county tax: the Nuckolls 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).
Do I have to travel to Nelson to start the estate?
Not for every step. A filing without a lawyer may be mailed to P.O. Box 372, Nelson, NE 68961, or sent by fax with the uniform cover sheet under Neb. Ct. R. § 6-601(B). If the court sets a hearing, ask the clerk of the Nuckolls County Court how to request remote participation under Neb. Rev. Stat. § 25-2704 and the tenth county judge district rule.
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.