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Phelps County, NE Probate Information
Quick facts
| Item | Details |
|---|---|
| Court | Phelps County Court |
| Courthouse address | 715 5th Avenue, Holdrege, NE 68949 |
| Mailing address | Phelps County Court, P.O. Box 255, Holdrege, NE 68949 |
| Phone | 308-995-6561 |
| Fax | 308-995-6562 |
| [email protected], for questions, not filings. Email filings are not allowed in Nebraska court cases. | |
| Hours | 8:00 a.m. to 12:00 p.m. and 1:00 p.m. to 5:00 p.m., each weekday, according to Phelps County's court contact page. Call 308-995-6561 before visiting because the Nebraska Judicial Branch listing for this court does not separately state hours. |
| Filing fee | $22, current under Neb. Rev. Stat. § 33-125 as reviewed in August 2026, 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, current under Neb. Rev. Stat. § 33-125 as reviewed in August 2026. Confirm the current amount with the clerk of the Phelps County Court before you file. |
| Local forms | Phelps County does not provide its own probate packet. Use the Nebraska Judicial Branch estate materials, the CC 15:40 and CC 15:41 affidavit forms when they fit, and the uniform fax cover sheet for fax filing under Neb. Ct. R. § 6-601(B). |
| E-filing | A Nebraska attorney must use electronic filing under 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 non-attorney electronic registration under Neb. Ct. R. § 2-216 is available before relying on it. |
| Case search | Statewide trial court case search is through Nebraska.gov, running on the Judicial Branch's JUSTICE case management system at https://www.nebraska.gov/justice/case.cgi. A general list search has no charge; viewing a case's details is $2 as listed by Nebraska.gov in August 2026, with no extra charge for document images. Frequent users can open an annual $100 Nebraska.gov subscriber account as listed by Nebraska.gov in August 2026. The same case information is available at no charge 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). Phelps County sits in the tenth county judge district, whose Remote Technology rule says a party asking to appear remotely must contact the clerk magistrate at least five days before the hearing, with exhibits provided at least 48 hours before the hearing. |
| County judge district | Tenth county judge district, assigned under Neb. Rev. Stat. § 24-503. |
| Website | Court page: https://nebraskajudicial.gov/courts/phelps-county-court. County contact page: https://www.phelpscounty.ne.gov/webpages/county_court/county_court.html. |
Before you begin — know the assets and liabilities
Before you choose a filing path in Phelps County, make a first inventory of assets, debts, account ownership, beneficiary designations, vehicle titles, and any Phelps County real estate. Nebraska estate settlement can sometimes avoid an opened court case for limited property, but that depends on what the decedent owned, how title is held, and whether Letters are needed.
Sunset's asset discovery searches more than 2,300 financial institutions so families can see accounts, insurance, and liabilities before deciding whether to file in Holdrege, use an affidavit, or ask Sunset to assemble a probate packet for review.
Which court handles jurisdiction
Probate for Phelps County is filed with the clerk of the Phelps County Court at 715 5th Avenue, Holdrege, NE 68949. Mail for a filing goes to Phelps County Court, P.O. Box 255, Holdrege, NE 68949. The court serves estates venued in Phelps County, including Holdrege, the county seat.
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). Nebraska has a county court in every county, and Phelps County sits in Nebraska's tenth county judge district, which is how county judges and local county court 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 the county where the decedent had domicile at death, or, if the decedent was not domiciled in Nebraska, any county where the decedent owned property (Neb. Rev. Stat. § 30-2410).
The jurisdiction process
- Choose the track. Informal probate uses an application to the registrar, while formal probate uses a petition to the court with notice. 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 Phelps County Court (Neb. Rev. Stat. § 30-2216).
- Gather the certified death certificate, the original will if there is one, names and addresses of interested persons, asset information, debts, and any information needed for Nebraska inheritance tax under Neb. Rev. Stat. § 77-2004.
- Deliver the application or petition to the clerk of the Phelps County Court. You may file in person at 715 5th Avenue in Holdrege, by mail to P.O. Box 255, Holdrege, NE 68949, or, if you are filing without a lawyer, by fax to 308-995-6562 with the uniform cover sheet required for fax filing under Neb. Ct. R. § 6-601(B). Attorneys must use electronic filing under Neb. Ct. R. § 2-202. Email filings are not allowed.
- Pay the filing fee. The statutory base is $22, current under Neb. Rev. Stat. § 33-125 as reviewed in August 2026, for a proceeding commenced and closed informally, with a formal probate fee based on the gross value of the Nebraska estate at death under Neb. Rev. Stat. § 33-125.
- Allow for the informal timing rule. Informal probate cannot issue until at least 120 hours have elapsed since death (Neb. Rev. Stat. § 30-2415).
- After appointment, the clerk publishes notice to creditors once a week for three successive weeks, with the first publication within thirty days after appointment. Creditor claims are barred two months after the first publication when notice is given as required (Neb. Rev. Stat. § 30-2483, § 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 (Neb. Rev. Stat. § 30-2483).
- Receive Letters. When appointment is granted, the court issues letters testamentary for a will or letters of administration for an intestate estate. One certified copy of letters of appointment is provided without charge under Neb. Rev. Stat. § 33-125(2), current as reviewed in August 2026.
- Administer the estate. Prepare the inventory, manage assets, address creditor claims, and determine Nebraska inheritance tax. The Phelps County Court determines inheritance tax, which is due twelve months after the date of death (Neb. Rev. Stat. § 77-2010, § 77-2018.01).
- Request remote technology if needed. Under Neb. Rev. Stat. § 25-2704 and the tenth county judge district's Remote Technology rule, a party who wants to appear remotely should contact the clerk magistrate at least five days before the hearing, and exhibits must be provided at least 48 hours before the hearing.
- Distribute and close. After debts, taxes, notices, and required waiting periods are handled, distribute estate property and close the estate with the appropriate closing statement (Neb. Rev. Stat. § 30-24,128).
Forms and documents
Probate forms in Phelps County
Phelps County publishes no probate form, checklist, or local probate packet of its own. Its county court contact page points families back to Nebraska statewide court resources rather than a county-specific probate packet.
| Form or resource | Use |
|---|---|
| CC 15:40, Affidavit for Transfer of Personal Property without Probate, revised July 2022 | Used for the personal property affidavit under Neb. Rev. Stat. § 30-24,125. The personal property ceiling is $100,000 under Neb. Rev. Stat. § 30-24,125, raised by 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 under Neb. Rev. Stat. § 30-24,129, recorded with the register of deeds rather than filed with the county court. The real property ceiling is a separate $100,000 amount under Neb. Rev. Stat. § 30-24,129, raised by LB 1195, signed April 15, 2024; the personal property affidavit under Neb. Rev. Stat. § 30-24,125 carries its own $100,000 ceiling. |
| Uniform fax cover sheet | Required as the first page for a non-attorney fax filing under Neb. Ct. R. § 6-601(B), accepted by every Nebraska court until July 1, 2028. |
| Informal-probate flowchart | The Nebraska Judicial Branch estate materials include a flowchart for informal probate filed with a will. It is for a testate, uncontested informal path and does not cover no-will, contested, or asset-dispute situations. |
The Nebraska Judicial Branch does not provide a ready-made application for informal probate or petition for formal probate that fits every estate. The clerk of the Phelps County Court accepts filings, but cannot choose forms for you or draft them for your estate settlement.
Timeline
- Phelps County does not list a probate hearing day or filing-to-hearing window. Call the clerk at 308-995-6561 for scheduling after you file.
- For an in-person filing, use the county contact page hours of 8:00 a.m. to 12:00 p.m. and 1:00 p.m. to 5:00 p.m., each weekday, and plan around the midday closure.
- For a remote hearing request, contact the clerk magistrate at least five days before the hearing under the tenth county judge district's Remote Technology rule and Neb. Rev. Stat. § 25-2704. Exhibits must be provided at least 48 hours before the hearing.
Local nuance
Phelps County-specific considerations
| Local point | What to do |
|---|---|
| The Nebraska Judicial Branch listing for Phelps County Court does not separately state office hours. | Use the Phelps County contact page hours of 8:00 a.m. to 12:00 p.m. and 1:00 p.m. to 5:00 p.m., each weekday, and call 308-995-6561 before making a trip. |
| The courthouse address and mailing address are different. | Use 715 5th Avenue, Holdrege, NE 68949 for in-person delivery. Use P.O. Box 255, Holdrege, NE 68949 for mail. |
| Phelps County does not provide a county-specific probate packet. | Start with the Nebraska Judicial Branch estate materials, then prepare the application or petition required for your particular estate settlement. |
Recent updates
Scenarios
| Scenario | Likely Phelps County path | Where Sunset helps |
|---|---|---|
| Surviving spouse w/ co-owned home | Start with deed and account titling. If only limited personal property needs transfer, CC 15:40 may work for the personal property affidavit under Neb. Rev. Stat. § 30-24,125, with its $100,000 ceiling raised by LB 1124, signed April 18, 2022. If a Phelps County real property interest must transfer by affidavit, CC 15:41 is recorded with the register of deeds under Neb. Rev. Stat. § 30-24,129, with a separate $100,000 ceiling raised by LB 1195, signed April 15, 2024; the personal property affidavit under Neb. Rev. Stat. § 30-24,125 carries its own $100,000 ceiling. If Letters are needed, file with the clerk of the Phelps County Court in Holdrege. | Sunset helps identify account ownership, beneficiary designations, debts, and whether a court filing is likely needed for estate settlement. |
| Out-of-state adult child w/ small estate | If the requirements fit, the personal property affidavit under Neb. Rev. Stat. § 30-24,125 can be presented to the holder of the property instead of opening a court case. The $100,000 personal property ceiling was raised by LB 1124, signed April 18, 2022. If a court case is needed, an unrepresented filer may use mail to P.O. Box 255 or fax to 308-995-6562 with the uniform cover sheet under Neb. Ct. R. § 6-601(B). A remote hearing request should be made through the clerk magistrate at least five days before the hearing under Neb. Rev. Stat. § 25-2704. | Sunset can organize asset information, generate a probate packet for attorney review, and help coordinate a local lawyer if court authority is needed. |
| Parent settling predeceased child's estate, home must be sold | A sale of real estate usually requires opening the estate in the Phelps County Court. Because Phelps County's filing office is held by a clerk magistrate under Neb. Rev. Stat. § 24-507, remember that a clerk magistrate may handle noncontested estate matters but cannot authorize sale or mortgage of real estate under Neb. Rev. Stat. § 24-519. Creditor claims are barred two months after first publication when notice is given as required (Neb. Rev. Stat. § 30-2483, § 30-2485), and inheritance tax is determined by the Phelps County Court under Neb. Rev. Stat. § 77-2004, § 77-2010, and § 77-2018.01. | Sunset helps collect the asset picture, prepare the family for the court process, and connect the family with a vetted local probate attorney for sale authority and closing. |
Self-help resources
| Resource | How it helps |
|---|---|
| Clerk of the Phelps County Court | 715 5th Avenue, Holdrege, NE 68949. Mail: P.O. Box 255, Holdrege, NE 68949. Phone 308-995-6561. Fax 308-995-6562. Email [email protected] for questions, not filings. The county contact page lists hours of 8:00 a.m. to 12:00 p.m. and 1:00 p.m. to 5:00 p.m., each weekday. |
| Phelps County Court contact page | https://www.phelpscounty.ne.gov/webpages/county_court/county_court.html. County contact information for the court, including hours and the local filing address. |
| Nebraska Online Legal Self-Help Center | https://nebraskajudicial.gov/self-help. Explains self-represented filing mechanics, fax filing with a cover sheet under Neb. Ct. R. § 6-601(B), and the rule that email filings are not accepted. |
| Estates section and Additional Information: Estates | https://nebraskajudicial.gov/self-help/estates and https://nebraskajudicial.gov/self-help/estates/additional-information-estates. Includes Nebraska estate resources, the two no-probate affidavit paths, and the Judicial Branch statement that the law allows self-representation while many estates still need attorney help. |
| Affidavit forms CC 15:40 and CC 15:41 | https://nebraskajudicial.gov/sites/default/files/CC-15-40.pdf and https://nebraskajudicial.gov/sites/default/files/CC-15-41.pdf. CC 15:40 relates to Neb. Rev. Stat. § 30-24,125. CC 15:41 relates to Neb. Rev. Stat. § 30-24,129 and the register of deeds route. |
| Statewide case search | https://www.nebraska.gov/justice/case.cgi. The JUSTICE system through Nebraska.gov. General list searches have no charge, case detail is $2 as listed by Nebraska.gov in August 2026, and an annual $100 subscriber account is available as listed by Nebraska.gov in August 2026. |
| Legal Aid of Nebraska | https://legalaidofnebraska.org/how-we-help/. Statewide AccessLine 1.877.250.2016 and ElderAccessLine 1.800.527.7249 for people 60 and over. Screening depends on income, assets, and issue type; estate administration is not among its published practice areas, and the organization takes no walk-ins. |
| Nebraska Free Legal Answers | https://ne.freelegalanswers.org/. A free email civil legal advice clinic for qualifying users. Its published topic list does not include estates, and volunteer attorneys do not represent users in court. |
| Limited Scope Representation | https://nebraskajudicial.gov/self-help. Nebraska's self-help materials include Limited Scope Representation information for hiring a lawyer to handle only part of a case. |
When to hire an attorney
Nebraska does not require a personal representative to hire a lawyer, and the Judicial Branch's estate materials say the law allows you to represent yourself. The same materials say filing an estate will most often require an attorney's help because every estate is different, and Phelps County does not provide its own probate packet. Limited Scope Representation through nebraskajudicial.gov can be a middle option when you need help with part of the case; Legal Aid of Nebraska can be reached at 1.877.250.2016 for income-eligible screening, although estate administration is not among its published practice areas. Sunset connects families in Phelps 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 families organize bank accounts, insurance, retirement accounts, real estate, debts, and beneficiary information before choosing an estate settlement path.
Generate the probate packet. Sunset turns the asset picture and family information into a structured probate packet for Phelps County, so the application, petition, notices, and supporting details are easier for a lawyer or personal representative to review.
Find a local probate attorney. When a Phelps County estate needs Letters, a real estate sale, inheritance tax work, or a contested formal probate petition with notice, Sunset can connect the family with a vetted local probate attorney.
Sunset is free for families. Families can use Sunset to understand the estate settlement process, organize documents, and decide what help they need without paying Sunset a fee.
Frequently asked questions
Where do I file probate in Phelps County?
File with the clerk of the Phelps County Court. In-person filings go to 715 5th Avenue, Holdrege, NE 68949. Mail goes to Phelps County Court, P.O. Box 255, Holdrege, NE 68949. Nebraska district courts do not hear probate; county court has exclusive original jurisdiction over decedents' estates (Neb. Rev. Stat. § 24-517).
What are the clerk's hours in Phelps County?
The Phelps County contact page lists 8:00 a.m. to 12:00 p.m. and 1:00 p.m. to 5:00 p.m., each weekday. Call 308-995-6561 before visiting, especially if you plan to file in person during the middle of the day.
Do I need a lawyer for Phelps County probate?
Nebraska law allows self-representation, but the Judicial Branch's estate materials say filing an estate will most often require attorney help because estates differ and the self-help materials do not cover every situation. Sunset can help you decide whether to prepare an estate settlement packet for attorney review.
How much does probate cost in Phelps County?
The base filing fee is $22, current under Neb. Rev. Stat. § 33-125 as reviewed in August 2026, 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, up to $1,500 over $5,000,000, current under Neb. Rev. Stat. § 33-125 as reviewed in August 2026.
Can I avoid probate with an affidavit in Phelps County?
Sometimes. CC 15:40 can be used for the personal property affidavit under Neb. Rev. Stat. § 30-24,125 when its requirements fit, including the $100,000 personal property ceiling raised by LB 1124, signed April 18, 2022. CC 15:41 is for the real property affidavit under Neb. Rev. Stat. § 30-24,129 and is recorded with the register of deeds, with a separate $100,000 real property ceiling raised by LB 1195, signed April 15, 2024; the personal property affidavit under Neb. Rev. Stat. § 30-24,125 carries its own $100,000 ceiling.
Can I file by fax or email in Phelps County?
A person filing without a lawyer may file by fax to 308-995-6562 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. Attorneys must use electronic filing under Neb. Ct. R. § 2-202.
Can I appear by phone or video for a Phelps County probate hearing?
Nebraska law permits telephone or videoconference hearings for nonevidentiary matters, and for evidentiary matters the court approves with all appearing parties' stipulation (Neb. Rev. Stat. § 25-2704). Phelps County is in the tenth county judge district, whose Remote Technology rule says a party asking to appear remotely should contact the clerk magistrate at least five days before the hearing, with exhibits provided at least 48 hours before the hearing.
How do I look up a Phelps County probate case?
Use the statewide JUSTICE case search through Nebraska.gov at https://www.nebraska.gov/justice/case.cgi. A general list search has no charge, case detail costs $2 as listed by Nebraska.gov in August 2026, and frequent users can use an annual $100 subscriber account as listed by Nebraska.gov in August 2026. The same case information is available at no charge at courthouse kiosks and law libraries.
Is there a Nebraska inheritance tax, and who is paid?
Yes. Nebraska inheritance tax is a county tax. The Phelps County Court determines it, 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).
Do I have to travel to Holdrege to start estate settlement?
Not always. If the personal property affidavit under Neb. Rev. Stat. § 30-24,125 fits, CC 15:40 is presented to the holder of the property and no court case is opened. If a Phelps County Court filing is needed, a person filing without a lawyer may use mail or fax with the uniform cover sheet under Neb. Ct. R. § 6-601(B), and any remote hearing request is handled under Neb. Rev. Stat. § 25-2704 and the tenth county judge district's Remote Technology 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.