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The End of Life Plannerby Valoren

General information · not a substitute for the advice of an attorney.

Free · general informationNebraska

Probate in Nebraska

What Nebraska’s own law and courts say about probate, from how an estate comes before the court to when creditors must claim. Nothing on this page decides whether a particular estate needs probate. That question belongs to the court, or to an attorney in Nebraska.

  • Every fact dated, in the official words
  • Each state’s own law

Every quotation checked October 24, 2026

The free first-week checklist

Pages taken from the planner, by email: who to phone first, and a blank records sheet.

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Every quotation on this page is the official body’s own words, as they stood on the day we read them. The date is beside each one.

Which court handles an estate, and representing yourself, in the court’s own words

Lawful distribution of a deceased person’s assets and liabilities is handled as an estate in Nebraska’s county courts.

Because of these differences, filing an estate will most often require the help of an attorney. However, the law does allow you to represent yourself if you so choose.

Nebraska · general information · checked October 24, 2026 · Nebraska Judicial Branch self-help, Estates

The court’s flowchart for informal probate with a will: how soon after death to file, and when the inventory is due

Filed by ‘Interested Person’ at least 120 hours after death.

Inventory (within 3 months of appointment)

Nebraska · general information · checked October 24, 2026 · Nebraska Judicial Branch, AD 2:26 (Rev. 2/2020)

How long after a death probate can still be opened

No informal probate or appointment proceeding or formal testacy or appointment proceeding, other than a proceeding to probate a will previously probated at the testator's domicile and appointment proceedings relating to an estate in which there has been a prior appointment, may be commenced more than three years after the decedent's death, except

Nebraska · general information · checked October 24, 2026 · Neb. Rev. Stat. §30-2408

The county court’s fees for an informal probate

Effective 07-01-2026

Informal probate proceeding commenced and closed informally

Uniform Data Analysis fee (one per case) 47-633 1.00 44.00

Testate Only – Certificate of Probate of Will and Affixing Seal 33-126.05 1.00 45.00

Nebraska · general information · checked October 24, 2026 · Nebraska Judicial Branch, county court fee schedule

Inheritance tax on what close relatives receive, and who is exempt

(b) For decedents dying on or after January 1, 2023, one percent of the clear market value of the property received by each person in excess of one hundred thousand dollars.

Interests passing to the surviving spouse by will, in the manner set forth in section 77-2002, or in any other manner shall not be subject to tax. Any interest passing to a person described in subsection (2) of this section who is under twenty-two years of age shall not be subject to tax.

Nebraska · general information · checked October 24, 2026 · Neb. Rev. Stat. §77-2004(1)(b), (3)

When inheritance tax is due, and the penalty for filing late

All taxes imposed by sections 77-2001 to 77-2037, unless otherwise herein provided for, shall be due and payable twelve months after the date of the death of the decedent

for failure to file an appropriate proceeding for the determination of the tax within twelve months after the date of the death of the decedent there shall be added to the amount due a penalty of five percent per month or fraction thereof, up to a maximum penalty of twenty-five percent of the unpaid taxes due.

Nebraska · general information · checked October 24, 2026 · Neb. Rev. Stat. §77-2010

The notice to creditors: who publishes it, how soon, and the claim period

the clerk of the court upon the appointment of a personal representative shall publish a notice once a week for three successive weeks in a newspaper of general circulation in the county announcing the appointment and the address of the personal representative, and notifying creditors of the estate to present their claims within two months after the date of the first publication of the notice or be forever barred.

The first publication shall be made within thirty days after the appointment.

Nebraska · general information · checked October 24, 2026 · Neb. Rev. Stat. §30-2483(a)

When claims are barred, with and without notice, and asking for more time

(1) Within two months after the date of the first publication of notice to creditors if notice is given in compliance with sections 25-520.01 and 30-2483

(2) Within three years after the decedent's death if notice to creditors has not been given in compliance with sections 25-520.01 and 30-2483.

may apply to the court within sixty days after the expiration date provided in this subdivision for additional time

Nebraska · general information · checked October 24, 2026 · Neb. Rev. Stat. §30-2485(a)

When the notice must also go to the Department of Health and Human Services

(b) If the decedent was fifty-five years of age or older or resided in a medical institution as defined in subsection (1) of section 68-919, the notice shall also be provided to the Department of Health and Human Services with the decedent's social security number

Nebraska · general information · checked October 24, 2026 · Neb. Rev. Stat. §30-2483(b)

What the person holding the will must do, and the liability for not doing it

After the death of a testator and on request of an interested person, any person having custody of a will of the testator is required to deliver it with reasonable promptness to a person able to secure its probate and, if none is known, to an appropriate court. Any person who willfully fails to deliver a will is liable to any person aggrieved for the damages which may be sustained by the failure.

Nebraska · general information · checked October 24, 2026 · Neb. Rev. Stat. §30-2356

Leaving a will with the county court for safekeeping, and what the court does with it at death, in the court’s words

You, your lawyer, or your agent, may ask the court in the county that you live to keep your will for safekeeping. There is a cost for this service and that amount can be found on the Filing Fees and Court Costs Schedule.

When the court is given notice of your death, the court shall notify any person designated to receive the will, and deliver it to them on their request; or the court may deliver the will to some other appropriate court.

Nebraska · general information · checked October 24, 2026 · Nebraska Judicial Branch self-help, Deposit of Will

The statute on depositing a will with the court, and its confidentiality

A will may be deposited by the testator or his agent with the court having jurisdiction of the county of his residence for safekeeping, under rules of the court. The will shall be kept confidential.

Nebraska · general information · checked October 24, 2026 · Neb. Rev. Stat. §30-2355

The court’s fee for keeping a will

Deposit of will for safekeeping 33-126.05 2.00

Nebraska · general information · checked October 24, 2026 · Nebraska Judicial Branch, county court fee schedule

The same page for other states

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FAQ

Common questions

Lawful distribution of a deceased person’s assets and liabilities is handled as an estate in Nebraska’s county courts.

Because of these differences, filing an estate will most often require the help of an attorney. However, the law does allow you to represent yourself if you so choose.

Nebraska · general information · checked October 24, 2026 · Nebraska Judicial Branch self-help, Estates

Effective 07-01-2026

Informal probate proceeding commenced and closed informally

Uniform Data Analysis fee (one per case) 47-633 1.00 44.00

Testate Only – Certificate of Probate of Will and Affixing Seal 33-126.05 1.00 45.00

Nebraska · general information · checked October 24, 2026 · Nebraska Judicial Branch, county court fee schedule

No informal probate or appointment proceeding or formal testacy or appointment proceeding, other than a proceeding to probate a will previously probated at the testator's domicile and appointment proceedings relating to an estate in which there has been a prior appointment, may be commenced more than three years after the decedent's death, except

Nebraska · general information · checked October 24, 2026 · Neb. Rev. Stat. §30-2408

(b) For decedents dying on or after January 1, 2023, one percent of the clear market value of the property received by each person in excess of one hundred thousand dollars.

Interests passing to the surviving spouse by will, in the manner set forth in section 77-2002, or in any other manner shall not be subject to tax. Any interest passing to a person described in subsection (2) of this section who is under twenty-two years of age shall not be subject to tax.

Nebraska · general information · checked October 24, 2026 · Neb. Rev. Stat. §77-2004(1)(b), (3)

All taxes imposed by sections 77-2001 to 77-2037, unless otherwise herein provided for, shall be due and payable twelve months after the date of the death of the decedent

for failure to file an appropriate proceeding for the determination of the tax within twelve months after the date of the death of the decedent there shall be added to the amount due a penalty of five percent per month or fraction thereof, up to a maximum penalty of twenty-five percent of the unpaid taxes due.

Nebraska · general information · checked October 24, 2026 · Neb. Rev. Stat. §77-2010

the clerk of the court upon the appointment of a personal representative shall publish a notice once a week for three successive weeks in a newspaper of general circulation in the county announcing the appointment and the address of the personal representative, and notifying creditors of the estate to present their claims within two months after the date of the first publication of the notice or be forever barred.

The first publication shall be made within thirty days after the appointment.

Nebraska · general information · checked October 24, 2026 · Neb. Rev. Stat. §30-2483(a)

(1) Within two months after the date of the first publication of notice to creditors if notice is given in compliance with sections 25-520.01 and 30-2483

(2) Within three years after the decedent's death if notice to creditors has not been given in compliance with sections 25-520.01 and 30-2483.

may apply to the court within sixty days after the expiration date provided in this subdivision for additional time

Nebraska · general information · checked October 24, 2026 · Neb. Rev. Stat. §30-2485(a)

For anyone who would rather their family found it all in one place than went looking.

A couple. A parent. An adult child and a parent, doing it together. One sitting starts it; keep it current, and tell someone where it is.

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