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Saunders County, NE Probate Information
Quick facts
| Item | Saunders County detail |
|---|---|
| Court | Saunders County Court, the county court for probate matters in Saunders County. |
| Courthouse address | 387 North Chestnut, Suite 5, Wahoo, NE 68066. |
| Mailing address | 387 North Chestnut, Suite 5, Wahoo, NE 68066. |
| Phone | 402-443-8119. |
| Fax | 402-443-8121. A person filing without a lawyer may use fax filing with the required uniform cover sheet under Neb. Ct. R. § 6-601(B), which every Nebraska court must accept until July 1, 2028. |
| [email protected], for questions, not filings. Email is not a filing method in Nebraska court cases (Neb. Ct. R. § 2-212). | |
| Hours | The Nebraska Judicial Branch listing for the Saunders County Court gives 8:00 am to 5:00 pm, Monday through Friday. The Saunders County court page gives 8:00 am to 4:30 pm, Monday through Friday, open through lunch. Call 402-443-8119 before traveling, especially late in the afternoon. |
| Filing fee | Under the statewide schedule cited by the Judicial Branch as effective July 1, 2026, $22 is the base fee 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 Saunders County Court before you file. |
| Local forms | Saunders County does not add a local probate packet. Use the Nebraska Judicial Branch estates materials and any document your lawyer prepares for the application or petition. |
| E-filing | Nebraska attorneys must file electronically (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). Ask the clerk whether non-attorney 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. As listed in August 2026, a general search for a list of cases is free; viewing case details is $2, with no extra charge for document images; 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). Saunders County is in Nebraska's fifth county judge district; its Remote Hearings rule requires a request filed with the court at least 48 hours before the hearing and contact with the court at least 24 hours before for instructions and an invitation. |
| County judge district | Nebraska's fifth county judge district, which groups judges and local rules, not filing counters (Neb. Rev. Stat. § 24-503). |
| Website | Saunders County Court: https://nebraskajudicial.gov/courts/saunders-county-court. Saunders County court page: https://saunderscounty.ne.gov/county-court/. |
Before you begin — know the assets and liabilities
Before you choose a probate path in Saunders County, list what the person owned, how each asset was titled, known debts, family relationships, and whether there is an original will. Nebraska uses different procedures for an informal application to the registrar and a formal petition with notice, and the right starting point depends on the facts of the estate.
Sunset's estate settlement tools can help you identify accounts and assets across more than 2,300 financial institutions before you prepare a packet for the Saunders County Court. That asset picture also helps you decide whether a no-probate affidavit may be enough or whether a personal representative needs Letters from the county court.
Which court handles jurisdiction
Probate for Saunders County is filed with the clerk of the Saunders County Court at 387 North Chestnut, Suite 5, Wahoo, Nebraska. Wahoo is the county seat and courthouse city. Saunders County also includes Ashland, Yutan, Cedar Bluffs, Ceresco, Colon, Ithaca, Malmo, Mead, Memphis, Morse Bluff, Prague, Valparaiso and Weston.
Saunders County sits in Nebraska's fifth county judge district, with Boone, Butler, Colfax, Hamilton, Merrick, Nance, Platte, Polk, Seward and York counties. The district assigns county judges and local county court rules; it does not move a Saunders County probate filing out of Wahoo (Neb. Rev. Stat. § 24-502, § 24-503).
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). 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 Nebraska county where the decedent's property was located (Neb. Rev. Stat. § 30-2410).
The jurisdiction process
- Choose the filing track. Informal probate uses an application to the registrar; 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 Saunders 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, a first asset list, and known debts. If the estate may qualify for an affidavit route instead of a court case, review the Affidavit for Transfer of Personal Property without Probate under Neb. Rev. Stat. § 30-24,125 and the real property affidavit under Neb. Rev. Stat. § 30-24,129 before you open a case.
- Deliver the application or petition to the clerk of the Saunders County Court at 387 North Chestnut, Suite 5, Wahoo, NE 68066. If you are filing without a lawyer, you may file in person, by mail, or by fax to 402-443-8121 with the required uniform cover sheet under Neb. Ct. R. § 6-601(B). Nebraska attorneys must use electronic filing (Neb. Ct. R. § 2-202). Email is not a filing method (Neb. Ct. R. § 2-212).
- Pay the filing fee under Neb. Rev. Stat. § 33-125. Under the statewide schedule cited by the Judicial Branch as effective July 1, 2026, the base informal amount is $22, and formal probate uses a gross value schedule that runs from $22 to $1,500. Confirm the current amount and payment method with the clerk before filing.
- Wait for the court's action on the opening papers. Informal probate cannot issue until at least 120 hours have elapsed since death (Neb. Rev. Stat. § 30-2415). If a formal matter needs a hearing, call 402-443-8119 to ask how the Saunders County Court will set it.
- Handle notice after appointment. The clerk publishes notice to creditors once a week for three successive weeks, with first publication within 30 days after appointment, and the party or attorney must mail the published notice as required (Neb. Rev. Stat. § 30-2483). Claims are barred two months after the first publication if notice is given correctly (Neb. Rev. Stat. § 30-2485). If the decedent was 55 or older or resided in a medical institution, handle the Department of Health and Human Services notice required by Neb. Rev. Stat. § 30-2483.
- Request any remote hearing properly. Nebraska allows qualifying county court hearings by telephone or videoconference under Neb. Rev. Stat. § 25-2704. In Nebraska's fifth county judge district, file the remote hearing request at least 48 hours before the hearing, and contact the court at least 24 hours before the hearing for instructions and the invitation.
- Obtain Letters after appointment. Nebraska uses letters testamentary for a testate estate and letters of administration for an intestate estate. One certified copy of letters of appointment is provided without charge in a formal probate under Neb. Rev. Stat. § 33-125.
- Administer the estate. Prepare the inventory, collect assets, handle creditor claims, maintain records, and address the Nebraska inheritance tax. Nebraska is one of the few states with an inheritance tax, and it is a county tax: the Saunders 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).
- Distribute and close. After debts, expenses, taxes, and required notices are handled, distribute property to the people entitled to it and close the case with the appropriate closing statement (Neb. Rev. Stat. § 30-24,128).
Forms and documents
Probate forms in Saunders County
Saunders County does not add a local probate packet or local cover sheet for decedent estates. The Saunders County court page points families to Nebraska Judicial Branch resources, and the county website search does not add a Saunders County probate form.
| Form or resource | Use in Saunders County |
|---|---|
| CC 15:40, Affidavit for Transfer of Personal Property without Probate | Used for the Nebraska personal property affidavit route under Neb. Rev. Stat. § 30-24,125. The personal property ceiling is $100,000, 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 for the Nebraska real property affidavit route under Neb. Rev. Stat. § 30-24,129. The real property ceiling is $100,000, raised by 2024 Neb. Laws LB 1195, signed April 15, 2024. The form was revised October 2025. In Saunders County, recording is with the Register of Deeds at 433 North Chestnut, Suite 203, Wahoo, not at the county court counter. |
| Uniform fax cover sheet | Required as the first page of any fax filing by a person filing without a lawyer under Neb. Ct. R. § 6-601(B). The Saunders County Court fax number is 402-443-8121. |
| Informal probate flowchart | The Nebraska Judicial Branch estates section at nebraskajudicial.gov links a flowchart for informal probate filed with a will. It does not apply when there is no will, when the will is contested, or when the estate or asset distribution is contested. |
| Application or petition to open an estate | The Nebraska Judicial Branch does not provide an application or petition form for starting a decedent's estate case. The clerk of the Saunders County Court cannot create the document for you. |
Local nuance
Saunders County-specific considerations
| Local point | What to do |
|---|---|
| Two public hour listings differ | The Nebraska Judicial Branch listing for the Saunders County Court gives 8:00 am to 5:00 pm, Monday through Friday. The Saunders County court page gives 8:00 am to 4:30 pm, Monday through Friday, open through lunch. Call 402-443-8119 before traveling, especially late in the afternoon. |
| The real property affidavit is recorded at a different address | The Register of Deeds address for the real property affidavit under Neb. Rev. Stat. § 30-24,129 is 433 North Chestnut, Suite 203, Wahoo, with phone 402-443-8111. The Saunders County Court is at 387 North Chestnut, Suite 5, with phone 402-443-8119. |
| Remote hearing requests have local deadlines | Under Neb. Rev. Stat. § 25-2704 and Nebraska's fifth county judge district Remote Hearings rule, a request must be filed at least 48 hours before the hearing, and a person allowed to attend by telephone or videoconference must contact the court at least 24 hours before the hearing for instructions and an invitation. |
Recent updates
Page last reviewed: August 2026.
Scenarios
| Situation | Likely Saunders County path | Where Sunset helps |
|---|---|---|
| Surviving spouse with co-owned home | Start by confirming how the home and accounts were titled. If no court appointment is needed, an affidavit route may be enough for some assets. If a personal representative is needed, file the application or petition with the Saunders County Court in Wahoo. | Sunset helps organize asset ownership, debts, beneficiary information, and estate settlement tasks before a filing decision is made. |
| Out-of-state adult child with small estate | Review whether the personal property affidavit under Neb. Rev. Stat. § 30-24,125 is available. If court appointment is needed, file with the Saunders County Court by mail or, if filing without a lawyer, by fax with the uniform cover sheet under Neb. Ct. R. § 6-601(B). | Sunset helps find accounts, generate a probate packet when a court case is needed, and connect the family with a Nebraska probate attorney when local filing help is useful. |
| Parent settling predeceased child's estate, home must be sold | A home sale often means the family needs authority from the Saunders County Court, rather than only an affidavit. A clerk magistrate may handle some uncontested estate matters, but authorization to sell or mortgage real estate is not handled by a clerk magistrate (Neb. Rev. Stat. § 24-507, § 24-519). | Sunset helps identify the property, debts, and likely tax and closing tasks, then connects the family with a vetted attorney if a court order or sale authority is needed. |
Self-help resources
| Resource | How it helps |
|---|---|
| Clerk of the Saunders County Court | 387 North Chestnut, Suite 5, Wahoo, NE 68066. Phone 402-443-8119. Fax 402-443-8121. Email [email protected] for questions, not filings. Call before traveling because public listings differ on closing time. |
| Saunders County Register of Deeds | 433 North Chestnut, Suite 203, Wahoo, NE 68066. Phone 402-443-8111. This is where the 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. A virtual self-help center with court information, fax filing mechanics, and the rule that email is not a filing method for court cases. |
| Nebraska Judicial Branch estates section | https://nebraskajudicial.gov/self-help/estates and https://nebraskajudicial.gov/self-help/estates/additional-information-estates. Includes the affidavit materials, estates information, and the statement that filing an estate will most often require attorney help although the law allows self-representation. |
| Affidavit forms | CC 15:40 at https://nebraskajudicial.gov/sites/default/files/CC-15-40.pdf for Neb. Rev. Stat. § 30-24,125, and CC 15:41 at https://nebraskajudicial.gov/sites/default/files/CC-15-41.pdf for Neb. Rev. Stat. § 30-24,129. |
| Uniform fax cover sheet | https://nebraskajudicial.gov/sites/default/files/Ch6Art6App1.pdf. Required first page for fax filing under Neb. Ct. R. § 6-601(B). |
| Statewide case search | https://www.nebraska.gov/justice/case.cgi. JUSTICE through Nebraska.gov. As listed in August 2026, general searches are free, viewing case details is $2, and an annual $100 subscriber account is available for frequent users. Case information is also free at courthouse kiosks and law libraries. |
| Legal Aid of Nebraska | 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. 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. https://legalaidofnebraska.org/. |
| 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. Its 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 say the law allows self-representation. The same materials say filing an estate will most often require attorney help, and that the virtual Self-Help Center cannot provide forms for every estate situation. Limited Scope Representation information is available through nebraskajudicial.gov for people who want a lawyer for part of a case. If the Saunders County estate includes contested issues, a home sale, inheritance tax questions, creditor disputes, or a missing opening document, Sunset connects to a vetted attorney.
How Sunset helps
Find the accounts and assets. Sunset searches across more than 2,300 financial institutions to help families identify accounts, balances, and assets that may belong in the estate settlement plan.
Generate the probate packet. Once the family knows what exists and who is involved, Sunset helps assemble a county-ready packet for the Saunders County Court, including the information a Nebraska attorney or self-represented filer needs to review.
Find a local probate attorney. When the estate needs court authority, a home sale, formal notice, or inheritance tax guidance, Sunset connects families with a vetted probate attorney who can practice in Nebraska.
Sunset is free for families. Families can use Sunset's estate settlement tools without paying Sunset. Attorney fees, court charges, recording charges, and other third-party costs are separate.
Frequently asked questions
Where do I file probate in Saunders County?
File with the clerk of the Saunders County Court at 387 North Chestnut, Suite 5, Wahoo, NE 68066. 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 decedents' estates (Neb. Rev. Stat. § 24-517).
Do I need a lawyer for probate in Saunders County?
Nebraska law allows self-representation, but the Nebraska Judicial Branch says filing an estate will most often require an attorney's help. Counsel is especially useful when the estate includes real estate, contested family issues, creditor disputes, inheritance tax questions, or a missing form for the application or petition.
How much does it cost to file in Saunders County Court?
Under the statewide schedule cited by the Judicial Branch as effective July 1, 2026, the base fee is $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 gross value schedule from $22 to $1,500 (Neb. Rev. Stat. § 33-125). Call 402-443-8119 to confirm the current payment method before filing.
Can I avoid probate in Saunders County with an affidavit?
Maybe. Nebraska has a personal property affidavit, CC 15:40, for qualifying personal property up to $100,000 under Neb. Rev. Stat. § 30-24,125, a figure raised by 2022 Neb. Laws LB 1124, signed April 18, 2022. Nebraska also has a real property affidavit, CC 15:41, for qualifying real property interests up to $100,000 under Neb. Rev. Stat. § 30-24,129, a figure raised by 2024 Neb. Laws LB 1195, signed April 15, 2024. In Saunders County, the real property affidavit is recorded with the Register of Deeds at 433 North Chestnut, Suite 203, Wahoo, not with the county court.
Is there a Nebraska inheritance tax, and who do I pay in Saunders County?
Yes. Nebraska is one of the few states with an inheritance tax, and it is a county tax: the Saunders 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 Saunders County probate hearing?
Nebraska law allows qualifying county court hearings by telephone or videoconference under Neb. Rev. Stat. § 25-2704. Saunders County is in Nebraska's fifth county judge district, whose Remote Hearings rule requires a request filed with the court at least 48 hours before the hearing and contact with the court at least 24 hours before the hearing for instructions and an invitation. The judge decides whether the remote hearing will be allowed.
Can I file by fax or email in Saunders County?
A person filing without a lawyer may file in person, by mail, or by fax to 402-443-8121 with the uniform cover sheet required by Neb. Ct. R. § 6-601(B), which applies until July 1, 2028. Nebraska attorneys must use electronic filing (Neb. Ct. R. § 2-202). Email is not a filing method for Nebraska court cases (Neb. Ct. R. § 2-212).
How do I look up a Saunders County probate case?
Use the Nebraska.gov JUSTICE search at https://www.nebraska.gov/justice/case.cgi. As listed in August 2026, a general search for a list of cases is free, viewing case details is $2, and frequent users may use an annual $100 Nebraska.gov subscriber account. The same case information is free at any courthouse kiosk or law library.
What are the Saunders County Court hours?
The Nebraska Judicial Branch listing for the Saunders County Court gives 8:00 am to 5:00 pm, Monday through Friday. The Saunders County court page gives 8:00 am to 4:30 pm, Monday through Friday, open through lunch. Call 402-443-8119 before traveling, especially late in the afternoon.
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.