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Red Willow County, NE Probate Information
Quick facts
| Item | Red Willow County information |
|---|---|
| Court | Red Willow County Court |
| Courthouse address | 502 Norris Avenue, McCook, NE 69001 |
| Mailing address | Red Willow County Court, 502 Norris Avenue, McCook, NE 69001 |
| Phone | 308-345-1904 |
| Fax | 308-777-2021. A self-represented filer may use fax filing with the uniform cover sheet under Neb. Ct. R. § 6-601(B), subject to the rule's limits. |
| [email protected], for questions only. Email filings are not allowed in Nebraska court cases (Neb. Ct. R. § 2-212). | |
| Hours | The Nebraska Judicial Branch lists 8:00 am to 4:30 pm, Monday through Friday. Red Willow County lists 8:00 am to 4:00 pm, Monday through Friday, open through the lunch hour. Call 308-345-1904 before traveling late in the afternoon. |
| 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 Red Willow County Court before you file. |
| Local forms | No Red Willow County-only probate form or local cover sheet is posted. Use the Judicial Branch estate 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 fax cover sheet under Neb. Ct. R. § 6-601(B). |
| 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 required cover sheet until July 1, 2028 (Neb. Ct. R. § 6-601(B)). Ask the clerk of the Red Willow County Court whether optional non-attorney electronic filing registration is open before relying on it (Neb. Ct. R. § 2-216). |
| Case search | Statewide trial court case search is through Nebraska.gov on the Judicial Branch's JUSTICE system: https://www.nebraska.gov/justice/case.cgi. As stated for August 2026, a general search for a list of cases has no charge; viewing a case's details costs $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 available without charge at courthouse kiosks and law libraries. |
| Remote appearance | Nebraska law allows all nonevidentiary hearings, and any evidentiary hearing the court approves with all appearing parties' stipulation, to be heard by telephone or videoconference in a way that preserves an accurate record (Neb. Rev. Stat. § 25-2704). Red Willow County is in the eleventh county judge district, whose remote hearing rule requires the moving party to coordinate the remote hearing with the court at least 5 days before the hearing, except emergencies. |
| County judge district | Eleventh county judge district (Neb. Rev. Stat. § 24-503) |
| Website | Red Willow County Court: https://nebraskajudicial.gov/courts/red-willow-county-court. Red Willow County court page: https://redwillowcountyne.gov/county-court/ |
Before you begin — know the assets and liabilities
Before you choose a probate path in Red Willow County, make a working list of the decedent's accounts, vehicles, land, debts, beneficiaries, and any will. Nebraska separates informal probate, formal probate with notice, and affidavit transfers, so the right estate settlement plan depends on what property actually needs authority from the Red Willow County Court.
Sunset's asset discovery searches more than 2,300 financial institutions to help families find accounts and liabilities before they file. That makes it easier to decide whether estate settlement can stay with an affidavit, needs letters testamentary or letters of administration, or should be routed to a local attorney.
Which court handles jurisdiction
Probate for Red Willow County is filed with the clerk of the Red Willow County Court at 502 Norris Avenue in McCook. McCook is the county seat and courthouse city.
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). Red Willow County sits in Nebraska's eleventh county judge district, which assigns county judges and local rules; the case itself is filed at Red Willow County's own courthouse in McCook (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. If the decedent was not domiciled in Nebraska, venue is any Nebraska county where the decedent had property (Neb. Rev. Stat. § 30-2410).
The jurisdiction process
- Decide whether the estate needs an informal application to the registrar or a formal petition to the court with notice. In an informal probate, 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). Formal probate is conducted before the court with notice to interested persons.
- Gather the death certificate, the original will if there is one, account and deed information, creditor information, and names 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 Red Willow County Court at 502 Norris Avenue, McCook, NE 69001. If you are filing without a lawyer, you may file in person, by mail, or by fax to 308-777-2021 with the uniform cover sheet under Neb. Ct. R. § 6-601(B). A Nebraska attorney must use electronic filing (Neb. Ct. R. § 2-202). Email filings are not allowed (Neb. Ct. R. § 2-212).
- Pay the filing fee required by Neb. Rev. Stat. § 33-125. As of August 2026, the informal statutory base is $22 for a proceeding commenced and closed informally, and formal probate is charged by the gross value of the Nebraska estate at death under Neb. Rev. Stat. § 33-125.
- 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. The first publication must be made within thirty days after appointment, and claims covered by the publication are barred unless presented within two months after the date of first publication (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). Keep proof of mailing and publication with the estate file.
- If a hearing is set and you want to request a remote hearing, coordinate it with the court at least 5 days before the hearing under the eleventh county judge district rule, except emergencies. Nebraska law permits nonevidentiary hearings, and approved stipulated evidentiary hearings, by telephone or videoconference (Neb. Rev. Stat. § 25-2704).
- Once authority is granted, the court issues letters testamentary for a will case or letters of administration for an intestate case. The court provides one certified copy of letters of appointment without charge in a formal probate (Neb. Rev. Stat. § 33-125).
- Administer the estate by collecting assets, handling valid claims, keeping records, and preparing any inventory required for the case. Nebraska inheritance tax is determined by the Red Willow County Court and is due twelve months after the date of death (Neb. Rev. Stat. § 77-2010, § 77-2018.01, § 77-2004).
- Distribute property when the estate is ready, then close through the procedure that fits the case. If a closing statement is used, follow Neb. Rev. Stat. § 30-24,128.
Forms and documents
Probate forms in Red Willow County
Red Willow County does not post a county-only probate packet, local cover sheet, or local instruction sheet. The county court page points users to the Nebraska Judicial Branch's statewide forms and fee information rather than hosting Red Willow County-specific documents.
| Form or resource | What it is used for |
|---|---|
| CC 15:40, Affidavit for Transfer of Personal Property without Probate | Used under Neb. Rev. Stat. § 30-24,125 after the required waiting period when the claiming successor meets the statute's personal property requirements. The personal property ceiling is $100,000 under Neb. Rev. Stat. § 30-24,125, raised by 2022 Neb. Laws LB 1124, signed April 18, 2022. The form was revised July 2022. |
| CC 15:41, Affidavit for Transfer of Real Property without Probate | Used under Neb. Rev. Stat. § 30-24,129 for a qualifying Nebraska real property interest. It is recorded with the register of deeds, not filed with the county court. The real property ceiling is $100,000 under Neb. Rev. Stat. § 30-24,129, raised by 2024 Neb. Laws LB 1195, signed April 15, 2024; the personal property affidavit under Neb. Rev. Stat. § 30-24,125 carries the same $100,000 ceiling. The form was revised October 2025. |
| Uniform fax cover sheet | Required as the first page when a person without a lawyer uses fax filing under Neb. Ct. R. § 6-601(B). The fax must be within the rule's page limit unless the clerk approves a longer fax before it is sent. |
| Flowchart for informal probate filed with a will | A Nebraska Judicial Branch flowchart for an uncontested testate informal probate. It does not cover cases with no will, a contested will, or a contested estate or distribution. |
The Judicial Branch has not posted a ready-to-file application for informal probate or petition for formal probate. The clerk of the Red Willow County Court can accept filings but cannot draft the application or petition for you or choose the form of relief.
Local nuance
Red Willow County-specific considerations
| Local point | What it means for a Red Willow County filing |
|---|---|
| Two closing times are listed | The Nebraska Judicial Branch lists the Red Willow County Court as open 8:00 am to 4:30 pm, Monday through Friday. Red Willow County lists 8:00 am to 4:00 pm, Monday through Friday, open through the lunch hour. Call 308-345-1904 before traveling late in the afternoon. |
| Shared clerk magistrate | The clerk of the Red Willow County Court also serves Hayes County (Neb. Rev. Stat. § 24-507). That does not mean a Red Willow County estate filing goes to Hayes County or that Hayes County filings go to Red Willow County. |
| Register of deeds in the same building | The Red Willow County Register of Deeds is at 502 Norris Avenue in McCook, the same street address as the court, but it is a separate office with phone 308-345-1552 and fax 308-345-4460. The real property affidavit under Neb. Rev. Stat. § 30-24,129 is recorded with the register of deeds, not filed with the Red Willow County Court. |
| Eleventh county judge district remote hearing rule | For a remote hearing, the moving party must coordinate with the court at least 5 days before the hearing, except emergencies, and exhibits for a remote hearing must be provided to the court and the other parties at least 5 days before the hearing. The statewide remote appearance statute is Neb. Rev. Stat. § 25-2704. |
Recent updates
Scenarios
| Scenario | Likely Red Willow County path | Where Sunset helps |
|---|---|---|
| Surviving spouse with co-owned home | Start with the deed and account titles. If personal property remains and the affidavit requirements are met, CC 15:40 is presented to the holder under Neb. Rev. Stat. § 30-24,125 rather than filed with the court. If a Nebraska real property interest within the separate $100,000 ceiling needs to transfer, CC 15:41 is recorded with the Red Willow County Register of Deeds under Neb. Rev. Stat. § 30-24,129; the personal property affidavit under Neb. Rev. Stat. § 30-24,125 carries the same $100,000 ceiling. Otherwise, file with the clerk of the Red Willow County Court. | Sunset helps identify accounts, review title questions with counsel, and prepare the estate settlement packet for the path that fits the assets. |
| Out-of-state adult child with small estate | If the personal property affidavit applies, it may avoid a trip to McCook because it is presented to the property holder under Neb. Rev. Stat. § 30-24,125. If letters are needed, mail the filing to 502 Norris Avenue, McCook, NE 69001, or fax to 308-777-2021 with the required cover sheet under Neb. Ct. R. § 6-601(B) if filing without a lawyer. If a hearing is set, request and coordinate any remote hearing at least 5 days ahead under Neb. Rev. Stat. § 25-2704 and the eleventh county judge district rule. | Sunset helps organize asset information, prepare filing materials, and coordinate with a local probate attorney if court authority is needed. |
| Parent settling predeceased child's estate, home must be sold | Neither affidavit route by itself handles a sale. The clerk of the Red Willow County Court is a clerk magistrate, and a clerk magistrate may hear noncontested estate matters but not determine title to real estate or authorize sale or mortgage of real estate (Neb. Rev. Stat. § 24-519, § 24-507). That issue goes to a county judge. The clerk publishes notice to creditors, and claims covered by publication are barred after two months from the first publication (Neb. Rev. Stat. § 30-2483, § 30-2485). Inheritance tax is determined by the Red Willow County Court and is due twelve months after the date of death (Neb. Rev. Stat. § 77-2010, § 77-2004). | Sunset helps find accounts, gather home and debt information, and connect the family with counsel for sale authority and estate settlement. |
Self-help resources
| Resource | How it helps |
|---|---|
| Nebraska Online Legal Self-Help Center, https://nebraskajudicial.gov/self-help | Virtual self-help information from the Nebraska Judicial Branch, including filing-by-fax rules and the rule that email filings are not allowed. |
| Estates section, https://nebraskajudicial.gov/self-help/estates | Estate process information, claims information, will deposit information, the informal-probate flowchart, and affidavit transfer resources through nebraskajudicial.gov. |
| Additional information for estates, https://nebraskajudicial.gov/self-help/estates/additional-information-estates | Explains that estate cases differ, that the law allows self-representation, and that filing an estate will most often require an attorney's help. |
| County court contacts, https://nebraskajudicial.gov/directories/county-court-contacts | Statewide contact directory for county courts, including Red Willow County Court contact information. |
| Master forms list, https://nebraskajudicial.gov/forms | Judicial Branch forms list that includes the CC 15 estate forms, including CC 15:40 under Neb. Rev. Stat. § 30-24,125 and CC 15:41 under Neb. Rev. Stat. § 30-24,129. |
| Legal Aid of Nebraska, https://legalaidofnebraska.org/how-we-help/ | Statewide AccessLine 1.877.250.2016, Monday and Wednesday 8:30 am to 11:30 am, Tuesday and Thursday 1:00 pm to 3:00 pm 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; the posted practice areas are family, debt, housing, and benefits rather than estate administration, and intake is not handled by showing up at an office. |
| Nebraska Free Legal Answers, https://ne.freelegalanswers.org/ | A free online civil legal question clinic for qualifying users. Its posted topic list does not include estates, and volunteer lawyers do not represent users in court. |
| Limited Scope Representation, https://nebraskajudicial.gov/self-help | A Nebraska option for hiring a lawyer for part of a case, which may help when you need drafting or hearing help but not full representation. |
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 self-representation. The same materials say filing an estate will most often require an attorney's help, and Red Willow County does not provide a local form for the application or petition that opens an estate. Limited Scope Representation through nebraskajudicial.gov may be a middle option when you need help with part of the case. Sunset connects families in Red Willow County to a vetted local probate attorney.
How Sunset helps
Find the accounts and assets
Sunset searches for accounts across more than 2,300 financial institutions, helps identify known debts, and organizes the information needed to choose an estate settlement path in Red Willow County.
Generate the probate packet
Sunset turns the family and asset information into an organized filing packet, with the Red Willow County Court address, filing route, and Nebraska-specific steps clearly laid out.
Find a local probate attorney
When the estate needs formal probate, real estate sale authority, inheritance tax help, or a contested issue, Sunset can connect the family with a vetted Nebraska probate attorney.
Sunset is free for families
Sunset is free for families. The platform helps you move from scattered documents to a practical estate settlement plan without adding another bill at the start of the process.
Frequently asked questions
Where do I file probate in Red Willow County?
File with the clerk of the Red Willow County Court at 502 Norris Avenue, McCook, NE 69001. Nebraska district courts do not hear probate; the county court has exclusive original jurisdiction over decedents' estates (Neb. Rev. Stat. § 24-517).
What are the Red Willow County Court hours?
The Nebraska Judicial Branch lists 8:00 am to 4:30 pm, Monday through Friday. Red Willow County lists 8:00 am to 4:00 pm, Monday through Friday, open through the lunch hour. Call 308-345-1904 before traveling late in the afternoon.
Do I need a lawyer for Red Willow County probate?
Nebraska law allows self-representation, but the Judicial Branch says filing an estate will most often require an attorney's help. That is especially true if you need formal probate with notice, a real estate sale, inheritance tax work, or a contested issue. Sunset can connect you with a vetted local attorney.
How much does Red Willow County probate cost to file?
As of August 2026, Neb. Rev. Stat. § 33-125 sets $22 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, 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 current amount with the clerk before filing.
Can I avoid probate with an affidavit in Red Willow County?
Sometimes. CC 15:40 covers qualifying personal property under Neb. Rev. Stat. § 30-24,125 after the required waiting period, and it is presented to the holder of the property. CC 15:41 covers qualifying Nebraska real property and is recorded with the Red Willow County Register of Deeds under Neb. Rev. Stat. § 30-24,129, not filed with the court; the personal property affidavit under Neb. Rev. Stat. § 30-24,125 carries the same $100,000 ceiling.
Is there a Nebraska inheritance tax, and who is paid in Red Willow County?
Yes. Nebraska has an inheritance tax, and it is a county tax. The Red Willow 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 appear by phone or video for a Red Willow County probate hearing?
Nebraska law allows all nonevidentiary county court hearings, and approved stipulated evidentiary hearings, to be heard by telephone or videoconference (Neb. Rev. Stat. § 25-2704). Red Willow County is in the eleventh county judge district, whose rule requires the moving party to coordinate a remote hearing with the court at least 5 days before the hearing, except emergencies.
Can I file Red Willow County probate papers by fax or email?
If you are filing without a lawyer, Nebraska courts must accept fax filing with the required cover sheet until July 1, 2028, subject to Neb. Ct. R. § 6-601(B). Fax Red Willow County Court filings to 308-777-2021. Nebraska attorneys must use electronic filing under Neb. Ct. R. § 2-202. Email filings are not allowed under Neb. Ct. R. § 2-212.
How do I look up a Red Willow County probate case?
Use the Nebraska.gov JUSTICE trial court case search at https://www.nebraska.gov/justice/case.cgi. As stated for August 2026, a general search for a list of cases has no charge; viewing case details costs $2, and frequent users can open a Nebraska.gov subscriber account for an annual $100. The same case information is available without charge at courthouse kiosks and law libraries.
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.