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Polk County, NE Probate Information
Quick facts
| Item | Polk County details |
|---|---|
| Court | Polk County Court |
| Courthouse address | 400 Hawkeye Street, 3rd Floor, Osceola, NE 68651 |
| Mailing address | Polk County Court, P.O. Box 506, Osceola, NE 68651 |
| Phone | 402-747-5371, extension 5 for the county court |
| Fax | 402-747-8299 |
| [email protected], for questions, not filings. Email filings are not allowed in Nebraska court cases (Neb. Ct. R. § 2-212). | |
| Hours | 8:00 am to 12:00 pm and 1:00 pm to 5:00 pm, Monday through Friday. |
| Filing fee | $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, schedule current July 1, 2026). Confirm the current amount with the clerk of the Polk County Court before you file. |
| Local forms | Polk County does not provide a county-specific probate packet. Use the Nebraska Judicial Branch estate forms and the fax cover sheet if filing by fax. |
| E-filing | A Nebraska attorney must use electronic filing (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 Nebraska courts must accept from non-attorneys until July 1, 2028. Confirm with the clerk whether optional non-attorney electronic filing registration under Neb. Ct. R. § 2-216 is open 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 search for a list of cases is free; viewing a case's details is $2 as of August 2026, with no extra charge for document images, and frequent users can open a Nebraska.gov subscriber account for an annual $100 as of August 2026. The same case information is free at a courthouse kiosk or law library. |
| Remote appearance | Nebraska law allows 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). Polk County is in Nebraska's fifth county judge district, whose Remote Hearings rule requires a request at least 48 hours before the hearing and contact with the court at least 24 hours before the hearing for instructions. |
| County judge district | Nebraska's fifth county judge district (Neb. Rev. Stat. § 24-503) |
| Website | https://nebraskajudicial.gov/courts/polk-county-court |
Before you begin — know the assets and liabilities
Before you choose a filing path in Polk County, make a working list of the decedent's assets, debts, account titles, real estate, and beneficiary designations. The right estate settlement route depends on what actually needs court authority and what can pass outside an opened estate.
Sunset's asset discovery searches more than 2,300 financial institutions to help families find accounts and organize liabilities before a probate packet is prepared. That early inventory helps decide whether the Polk County Court is needed, whether an affidavit route fits, and what the personal representative will need to administer the estate settlement.
Which court handles jurisdiction
Probate for Polk County is filed with the clerk of the Polk County Court at 400 Hawkeye Street, 3rd Floor, Osceola, NE 68651. Mail goes to Polk County Court, P.O. Box 506, Osceola, NE 68651. Osceola is the county seat, and the county website names Osceola, Polk, Shelby, and Stromsburg as communities in the 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). Nebraska has a county court in and for each county at the county seat (Neb. Rev. Stat. § 24-502).
Polk County sits in Nebraska's fifth county judge district, which groups county judges and the county court's local rules; it does not move the filing counter out of Osceola (Neb. Rev. Stat. § 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's property was located (Neb. Rev. Stat. § 30-2410).
The jurisdiction process
- Choose the track. Informal probate uses an application to the registrar; in an informal proceeding, the registrar's acts are performed by a county judge or a person designated by the court in a written order, and the application is delivered to the clerk of the Polk County Court (Neb. Rev. Stat. § 30-2216). Formal probate uses a petition to the court with notice.
- Gather the certified death certificate, the original will if there is one, known addresses for interested persons, an asset and debt list, and any documents needed to show why Polk County is the correct venue under the domicile rule (Neb. Rev. Stat. § 30-2410).
- File with the clerk of the Polk County Court at 400 Hawkeye Street, 3rd Floor, Osceola, NE 68651, mail to P.O. Box 506, Osceola, NE 68651, or, if filing without a lawyer, fax to 402-747-8299 with the uniform cover sheet as the first page (Neb. Ct. R. § 6-601). A Nebraska attorney must file electronically (Neb. Ct. R. § 2-202). Email filings are not allowed (Neb. Ct. R. § 2-212).
- Pay the probate filing fee. The statewide fee is $22 for a proceeding commenced and closed informally, with formal probate charged by gross value under the statutory schedule current July 1, 2026 (Neb. Rev. Stat. § 33-125).
- Wait for authority to issue. Informal probate cannot issue until at least 120 hours have elapsed since death (Neb. Rev. Stat. § 30-2415). If a formal matter is unopposed, the court may decide it on the pleadings or conduct a hearing in open court (Neb. Rev. Stat. § 30-2429).
- 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. The person maintaining the proceeding or that person's attorney must mail the published notice and give proof. Creditor claims are barred two months after 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, because the notice rule is part of Nebraska's creditor-notice statute (Neb. Rev. Stat. § 30-2483).
- Obtain letters testamentary or letters of administration. The court issues Letters, and one certified copy of letters of appointment is provided without charge under the probate fee statute (Neb. Rev. Stat. § 33-125).
- Administer the estate: collect assets, file the inventory, manage claims, keep records, and address Nebraska inheritance tax. The Polk County Court determines the inheritance tax, which is paid to the county and is due twelve months after the date of death (Neb. Rev. Stat. § 77-2010, § 77-2018.01, § 77-2004).
- If a hearing is set and remote participation is needed, ask the clerk how to request it. Under the fifth county judge district's Remote Hearings rule and Neb. Rev. Stat. § 25-2704, the request must be filed at least 48 hours before the hearing, and an approved participant must contact the court at least 24 hours before the hearing for instructions.
- Distribute the estate when the legal requirements are met, then close the estate with the appropriate closing statement (Neb. Rev. Stat. § 30-24,128).
Forms and documents
Probate forms in Polk County
Polk County does not provide a county-specific probate packet or a local cover sheet for estate filings. The Nebraska Judicial Branch estate forms are limited, so families opening an estate usually need to prepare an application for informal probate or a petition for formal probate without a statewide opening form.
| Form or resource | Use in Polk County |
|---|---|
| CC 15:40, Affidavit for Transfer of Personal Property without Probate | Used for personal property when the statutory conditions are met, including the $100,000 ceiling raised by 2022 Neb. Laws LB 1124, signed April 18, 2022 (Neb. Rev. Stat. § 30-24,125). It is presented to the person or institution holding the property, not filed with the Polk County Court. |
| CC 15:41, Affidavit for Transfer of Real Property without Probate | Used for real property when the statutory conditions are met, including the separate $100,000 ceiling raised by 2024 Neb. Laws LB 1195, signed April 15, 2024. It is recorded with the Register of Deeds in the county where the land is located, not filed with the county court (Neb. Rev. Stat. § 30-24,129; Neb. Rev. Stat. § 30-24,125). |
| Uniform fax cover sheet | Required as the first page when a person without a lawyer files by fax under Neb. Ct. R. § 6-601(B). Polk County Court's fax number is 402-747-8299. |
| Informal-probate flowchart | The Nebraska Judicial Branch estates section links a flowchart for informal probate filed with a will. It is for testate, uncontested informal probate and does not cover every estate situation; informal probate still uses the registrar process under Neb. Rev. Stat. § 30-2216. |
Local nuance
Polk County-specific considerations
| Local point | Why it matters |
|---|---|
| County court on the third floor | Estate filings for probate go to the Polk County Court at 400 Hawkeye Street, 3rd Floor, Osceola, NE 68651. Use 402-747-5371, extension 5, for the county court. |
| Register of Deeds function on the second floor | A real-property affidavit is recorded with the Register of Deeds rather than filed with the county court (Neb. Rev. Stat. § 30-24,129). The Register of Deeds function is in the same courthouse on the second floor. |
| Midday closure | The Polk County Court is open 8:00 am to 12:00 pm and 1:00 pm to 5:00 pm, Monday through Friday. Plan in-person filing around the lunch closure. |
| Clerk magistrate office | The filing office is held by a clerk magistrate (Neb. Rev. Stat. § 24-507). A clerk magistrate may handle some noncontested estate and inheritance tax matters, but a county judge handles matters such as construction of a will or trust, title to real estate, and authority to sell or mortgage real estate (Neb. Rev. Stat. § 24-519). |
Recent updates
Page last reviewed: August 2026.
Scenarios
| Scenario | Likely Polk County path | Where Sunset helps |
|---|---|---|
| Surviving spouse with co-owned home | Start by checking the deed and account titles. If court authority is needed, file the application or petition with the Polk County Court in Osceola. If only personal property qualifies for the affidavit route, CC 15:40 is presented to the holder under Neb. Rev. Stat. § 30-24,125. If real property qualifies for the separate affidavit route, CC 15:41 is recorded with the Register of Deeds under Neb. Rev. Stat. § 30-24,129. | Sunset helps identify accounts, title issues, and whether estate settlement needs a court filing or an affidavit route. |
| Out-of-state adult child with small estate | If thirty days have elapsed and personal property is within the $100,000 ceiling under Neb. Rev. Stat. § 30-24,125, the affidavit is presented to the holder rather than filed with the court. If Letters are needed, file by mail to P.O. Box 506, Osceola, NE 68651, or by fax to 402-747-8299 with the cover sheet under Neb. Ct. R. § 6-601. If a hearing is set, ask about a remote request under Neb. Rev. Stat. § 25-2704. | Sunset organizes the asset list, generates documents for the chosen path, and helps coordinate a local attorney when court authority is needed. |
| Parent settling predeceased child's estate, home must be sold | A sale of real estate usually means opening an estate in the Polk County Court. Because authority to sell or mortgage real estate is not handled by a clerk magistrate, that issue goes to a county judge (Neb. Rev. Stat. § 24-519). Notice to creditors and the two-month claims bar follow Neb. Rev. Stat. § 30-2483 and § 30-2485, and the Polk County Court determines the inheritance tax under Neb. Rev. Stat. § 77-2004. | Sunset helps build the probate packet, track creditor and tax steps, and connect the family with a vetted local probate attorney. |
Self-help resources
| Resource | How it helps |
|---|---|
| Clerk of the Polk County Court | 400 Hawkeye Street, 3rd Floor, Osceola, NE 68651. Mail: P.O. Box 506, Osceola, NE 68651. Phone 402-747-5371, extension 5. Fax 402-747-8299. 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. |
| Polk County Register of Deeds | 400 Hawkeye Street, 2nd Floor, Osceola, NE 68651. Phone 402-747-5431. This is where a qualifying Affidavit for Transfer of Real Property without Probate is recorded under Neb. Rev. Stat. § 30-24,129. |
| Nebraska Online Legal Self-Help Center | https://nebraskajudicial.gov/self-help. Provides Nebraska self-help information, fax filing mechanics, the uniform cover sheet, and the rule that email filings are not allowed in court cases. |
| Estates section and Additional Information: Estates | https://nebraskajudicial.gov/self-help/estates and https://nebraskajudicial.gov/self-help/estates/additional-information-estates. Covers estate processes, the affidavit routes, and the Nebraska Judicial Branch statement that the law allows self-representation but estate filings most often require attorney help. |
| Affidavit forms CC 15:40 and CC 15:41 | CC 15:40 is for personal property under Neb. Rev. Stat. § 30-24,125. CC 15:41 is for real property recorded with the register of deeds under Neb. Rev. Stat. § 30-24,129. |
| Statewide case search | https://www.nebraska.gov/justice/case.cgi. The JUSTICE system is the statewide trial court search through Nebraska.gov. General search lists are free; case details are $2 as of August 2026; frequent users can open an annual $100 subscriber account as of August 2026. |
| Legal Aid of Nebraska | Statewide AccessLine 1.877.250.2016 through legalaidofnebraska.org, Monday and Wednesday 8:30 am to 11:30 am, Tuesday and Thursday 1:00 pm to 3:00 pm Central. ElderAccessLine 1.800.527.7249 is for people 60 and over in all 93 counties. Screening depends on household income, assets, and legal issue; estate administration is not among its listed practice areas, and the organization takes no walk-ins. |
| Nebraska Free Legal Answers | https://ne.freelegalanswers.org/. A free virtual clinic for a civil legal question answered by a Nebraska-licensed volunteer attorney by email. Estates are not on its topic list, 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 estates 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 supply forms for every situation. In Polk County, counsel is especially useful when the estate needs formal probate, a home sale, a contested issue, inheritance tax work, or a custom opening application or petition; Limited Scope Representation information is available through nebraskajudicial.gov for families who want help with 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 organize accounts, debts, real estate, and insurance information before they choose an estate settlement path in Polk County.
Generate the probate packet. Sunset uses the family's facts to assemble the documents needed for a Nebraska county court filing or an affidavit route, with Polk County Court's address, mailing address, and fax filing details built in.
Find a local probate attorney. When a matter needs formal probate, a home sale, inheritance tax guidance, or a court hearing, Sunset can connect the family with a vetted local probate attorney.
Sunset is free for families. Families can use Sunset to understand the next step, organize estate settlement tasks, and decide whether the Polk County Court, the Register of Deeds, or a local attorney is the right next stop.
Frequently asked questions
Where do I file probate in Polk County, Nebraska?
File with the clerk of the Polk County Court at 400 Hawkeye Street, 3rd Floor, Osceola, NE 68651. Mail filings to Polk County Court, P.O. Box 506, Osceola, NE 68651. 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 probate in Polk County?
Nebraska law allows self-representation, and a person filing without a lawyer may file in person, by mail, or by fax with the cover sheet under Neb. Ct. R. § 6-601. The Nebraska Judicial Branch also says filing an estate will most often require attorney help because estates differ and the Self-Help Center does not supply forms for every situation.
How much does it cost to open probate in Polk County?
The probate filing fee is set statewide, not by Polk County. A proceeding commenced and closed informally is $22, and formal probate is charged by gross value under the statutory schedule, from $22 to $1,500, current July 1, 2026 (Neb. Rev. Stat. § 33-125). Call 402-747-5371, extension 5, to confirm the amount and payment method before filing.
Can I avoid probate with an affidavit in Polk County?
Sometimes. For personal property, CC 15:40 may be used when the statutory requirements are met, including thirty days have elapsed and the $100,000 ceiling raised by 2022 Neb. Laws LB 1124, signed April 18, 2022 (Neb. Rev. Stat. § 30-24,125). The personal-property affidavit is presented to the holder of the property. For qualifying real property, CC 15:41 is recorded with the Register of Deeds under Neb. Rev. Stat. § 30-24,129, with the separate $100,000 ceiling raised by 2024 Neb. Laws LB 1195, signed April 15, 2024, and Neb. Rev. Stat. § 30-24,125 also noted for the personal-property ceiling.
Is there a Nebraska inheritance tax in Polk County, and who is paid?
Yes. Nebraska has an inheritance tax, and it is handled at the county level: the Polk County Court determines it, and it is paid to the county. The tax is 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 Polk County probate hearing?
Nebraska law allows a county court to hear all nonevidentiary hearings, and any evidentiary hearing approved by the court with all appearing parties' stipulation, by telephone or videoconference (Neb. Rev. Stat. § 25-2704). Polk County is in Nebraska's fifth county judge district, whose Remote Hearings rule requires a request at least 48 hours before the hearing and contact with the court at least 24 hours before the hearing for instructions.
Can I file Polk County probate papers by fax or email?
A person filing without a lawyer may file by fax to 402-747-8299 with the uniform cover sheet as the first page under Neb. Ct. R. § 6-601(B), which applies until July 1, 2028. Email filings are not allowed in Nebraska court cases (Neb. Ct. R. § 2-212). A Nebraska attorney must file electronically (Neb. Ct. R. § 2-202).
How do I look up a Polk County probate case?
Use the statewide Nebraska.gov JUSTICE search at https://www.nebraska.gov/justice/case.cgi. A general search for a list of cases is free; viewing case details is $2 as of August 2026, with no extra charge for document images, and frequent users can open an annual $100 Nebraska.gov subscriber account as of August 2026. The same case information is free at a courthouse kiosk or law library.
What are the Polk County Court clerk's hours?
The Polk County Court is open 8:00 am to 12:00 pm and 1:00 pm to 5:00 pm, Monday through Friday. The office closes for lunch from 12:00 pm to 1:00 pm, so call 402-747-5371, extension 5, before making a trip for an estate settlement 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.