
Nebraska Probate Guide
How Nebraska probate works: the county court in all 93 counties, informal and formal proceedings, a two-month creditor bar, and $44.00 collected at filing.
Not sure if you need probate?
Many estates can avoid probate entirely. Assets with beneficiary designations, joint accounts, and trust assets may pass automatically without court involvement.
Nebraska probate is the county court proceeding that proves a will, appoints a personal representative, pays the estate's debts in a set order, and passes what is left to the heirs and devisees. Neb. Rev. Stat. § 24-517(1) gives the county court exclusive original jurisdiction of all matters relating to decedents' estates, in every one of the 93 counties.
So the forum question has a one-line answer here. Nebraska has no separate probate court and no county-by-county split of the forum. The Nebraska Probate Code says the same thing from inside: § 30-2209(5) defines court as the court having jurisdiction over the affairs of decedents, then states plainly that this court in Nebraska is known as county court. Find yours in the Nebraska county courts by county directory.
Nebraska adopted the Uniform Probate Code in 1974, and that decision still shapes every choice an estate faces. Section 30-2201 gives the code its name and its reach, covering §§ 30-2201 to 30-2902 along with several other ranges. What follows walks the four ways an estate can move through the county court, then the steps, the clocks, the money and the family's protected share.
Where You File
Section 30-2410(a) sets venue for the first informal or formal proceeding after a death:
- In the county where the decedent was domiciled at the time of death.
- If the decedent was not domiciled in Nebraska, in any county where property of the decedent was located at the time of death.
Every later proceeding stays in the place where the first one happened, unless the file is transferred under § 30-2212 or under § 30-2410(c). Where a case could belong in more than one Nebraska county, § 30-2212(a) gives the court where it was first commenced the exclusive right to proceed, and the other courts hold the matter in abeyance until venue is settled. A court may also move a file to another Nebraska court when the interest of justice calls for it.
An out-of-state decedent who owned Nebraska farmland or a mineral interest raises a different question, answered on the ancillary administration in Nebraska page.
Do you need probate in Nebraska?
Answer a few questions to see whether Nebraska probate is required and which process applies.
Take the 2-minute assessmentFour Ways an Estate Moves Through the County Court
These are not one menu, and treating them as one is where most Nebraska explanations go wrong. Informal against formal describes how the court decides the will and the appointment. Supervised against unsupervised describes how closely the court watches what happens afterward. Those are two separate axes, so an estate can open informally and later become supervised, or open formally and never be supervised at all. To compare informal, formal and summary probate on one screen rather than in sequence, the route comparison sits on its own page.
Informal probate and informal appointment
An informal proceeding runs without a hearing. Section 30-2209(20) defines informal proceedings as those conducted without notice to interested persons by an officer of the court acting as registrar, and § 30-2216 lets a judge or any person the court designates in a filed written order, including the clerk, act in that role.
The application goes to the registrar and is verified as accurate and complete. Section 30-2414 lists what it must contain: the applicant's interest, the decedent's name, date of death, age, county and state of domicile, the names and addresses of the spouse, children, heirs and devisees, a statement of venue for a nonresident, any personal representative already appointed anywhere, and whether the applicant is aware of a demand for notice. An application to probate a will adds that the original will is with the court, accompanies the application, or will reach the court within ten days with a true copy filed now, that the applicant believes it was validly executed, and that reasonable diligence turned up no revoking instrument.
The registrar then checks the § 30-2416 conditions and issues a written statement of informal probate once at least 120 hours have passed since the death. Informal appointment of a personal representative works the same way under § 30-2420, with one delay: if the decedent was a nonresident, the registrar waits thirty days from the death unless the domiciliary personal representative is the applicant or the will directs Nebraska law.
Two doors close automatically. Section 30-2417 makes the registrar decline an application relating to a known series of testamentary instruments where the latest does not expressly revoke the earlier, though a will with its codicils may still go informally. Section 30-2424 makes the registrar decline an informal appointment where the application shows a possible unrevoked will that is not being filed for probate in that court.
Notice arrives after the fact rather than before it. Section 30-2419 requires advance notice only to a person who demanded it under § 30-2413 and to any personal representative whose appointment has not ended. The clerk then publishes, once a week for three consecutive weeks, with the first publication within thirty days of the statement or the appointment.
Formal testacy proceedings
Section 30-2425 calls a formal testacy proceeding litigation to determine whether a decedent left a valid will. An interested person petitions the court to probate a will, to set aside an informal probate, to stop a pending informal application, or to declare the decedent intestate. While that petition is pending, the registrar may not act on any informal application about the same decedent, and a personal representative already appointed must stop distributing.
Notice goes out under § 30-2427 to the surviving spouse, the children and other heirs, the devisees and executors named in any will offered or probated, and any acting personal representative, with published notice to unknown persons. If the petition is unopposed, § 30-2429 lets the court order probate or intestacy on the pleadings, or hold a hearing where the affidavit or testimony of one attesting witness is enough.
One Nebraska rule is worth knowing before a fight starts. Under § 30-2429.01, an objection to probate of a will, or a petition to set aside or prevent an informal probate, makes the county court continue the hearing at least fourteen days. Any party may then move the will question to the district court by filing a notice of transfer, depositing the district court docket fee, and paying the clerk $20. Trial in the district court is to a jury unless every party who has pleaded waives one, and the judgment comes back to the county court for execution. The Nebraska will contest page walks that transfer in full.
Supervised administration
Section 30-2439 describes supervised administration as a single in rem proceeding under the continuing authority of the court, running until an order approves distribution and discharges the personal representative. A supervised personal representative answers to the court as well as to the interested parties, and § 30-2442 bars any distribution without a prior court order.
It is not the default. Under § 30-2440 the court orders it when the will directs it and circumstances have not changed, when the will directs unsupervised administration and supervision turns out to be necessary to protect interested persons, or when the court otherwise finds it necessary. Anyone interested may petition for it at any time. Termination comes by an order following the § 30-24,115 rules for complete settlement.
Unsupervised administration is the ordinary Nebraska path, and § 30-2465 is the reason: a personal representative proceeds expeditiously with settlement and distribution without adjudication, order or direction of the court, and invokes the court only to resolve a question.
Summary administrative procedure
Section 30-24,127 has no dollar figure at all, which is why a search for the Nebraska small estate limit returns numbers that do not belong to it. The test is comparative. If the inventory and appraisal show that the value of the entire estate, less liens and encumbrances, does not exceed the homestead allowance, exempt property, family allowance, costs and expenses of administration, reasonable funeral expenses and the reasonable and necessary medical and hospital expenses of the last illness, the personal representative may disburse and distribute the estate immediately, without giving notice to creditors, and close under § 30-24,128.
That route also changes the bond question. Section 30-2446(1)(f) waives bond where the petition alleges the probable value of the entire estate will permit summary procedures, and § 30-2446(3) makes the personal representative file one promptly if the inventory later shows otherwise. The Nebraska probate bond page covers the other five waivers.
The two affidavits that open no court case
Nebraska also lets property move with no administration at all, through two affidavits that share a $100,000 figure and nothing else.
Section 30-24,125 collects personal property. Thirty days after the death, anyone holding tangible personal property, a debt, an instrument, stock or a chose in action belonging to the decedent must hand it to the claiming successor on an affidavit stating that the value of all personal property in the estate, wherever located, less liens and encumbrances, does not exceed $100,000, that no personal representative has been appointed or applied for anywhere, and that the successor is entitled to it. A false statement carries perjury exposure under § 28-915.
Section 30-24,129 passes real property. The successor records an affidavit with the register of deeds in the county where the land sits, stating that the decedent's interest in all Nebraska real property does not exceed $100,000, valued from the assessment rolls for the year in which the decedent died less real estate taxes and interest due at death. That is assessed value, not market value, and the office is the register of deeds rather than the court.
The two caps are concurrent rather than tiers of one route. They sit in different sections, measure different property classes, use different valuation bases and are filed in different offices. A house assessed at $90,000 plus $95,000 in bank accounts clears both, and clearing both means signing two affidavits and filing them in two places. The mechanics of each are on the two $100,000 affidavit routes page.
The Route Most Estates Take, Step by Step
Apply or petition. File with the county court holding venue. Section 30-2412 ranks who may serve: the person named in a probated will, then the surviving spouse who is a devisee, then other devisees, then the surviving spouse, then other heirs, and forty-five days after the death, any creditor. No one under nineteen may serve, and an objection to an appointment can be raised only in a formal proceeding.
Qualify and take the letters. Appointment is complete on qualification and acceptance. Section 30-2472 then gives the personal representative the same power over the title to estate property that an absolute owner would have, held in trust for creditors and others interested, exercisable without notice, hearing or court order unless the court says otherwise.
Publish the notice to creditors. Section 30-2483(a) puts this on the clerk of the county court, once a week for three successive weeks in a newspaper of general circulation in the county, announcing the appointment and the personal representative's address and giving creditors two months from first publication. The first publication is due within thirty days after the appointment, and the party maintaining the proceeding, or that party's attorney, mails the published notice and proves the mailing under § 25-520.01.
Tell the state if the decedent was 55 or older, or lived in a medical institution. Section 30-2483(b) has two triggers and either one is enough: the decedent was fifty-five years of age or older, or the decedent resided in a medical institution as defined in § 68-919(1). Where either applies, the same notice goes to the Department of Health and Human Services with the decedent's social security number and, where a spouse died first, that spouse's name and number. The department publishes the accepted delivery method on its website, and a notice that does not conform is void.
File the inventory. Within three months after appointment, § 30-2467 requires a filed inventory of property owned at death, in reasonable detail, with each item's fair market value as of the date of death and the type and amount of any encumbrance. The original goes to the court and a copy to any interested person who asks. Section 30-2469 covers a supplementary inventory for later discoveries.
Pay in the statutory order. Where the assets will not cover everything, § 30-2487(a) ranks payment: costs and expenses of administration, reasonable funeral expenses, debts and taxes with federal preference, reasonable and necessary medical and hospital expenses of the last illness including Department of Health and Human Services claims under § 68-919, debts and taxes with preference under other Nebraska laws, then all other claims. No claim outranks another in the same class. Notice to creditors in Nebraska covers presentation, allowance and the two bars.
Close. Section 30-24,117 lets an unsupervised personal representative close by verified statement, filed no earlier than five months after the original appointment, stating that notice was published more than four months before the statement, that the estate is fully administered, and that a copy went to the distributees and to unpaid, unbarred creditors. If nothing involving the personal representative is pending one year later, the appointment terminates. A formal order of complete settlement under § 30-24,115 is the alternative where a discharge on the record matters.
What the job looks like day to day, from the § 30-2464 fiduciary duty through the closing account, sits on the serving as personal representative in Nebraska page.
The Clocks
| Task | Deadline | Clock starts at | Source |
|---|---|---|---|
| Registrar may issue informal probate or appointment | 120 hours | Date of death | Neb. Rev. Stat. § 30-2415(a), § 30-2420(a) |
| Informal appointment where the decedent was a nonresident | 30 days | Date of death | Neb. Rev. Stat. § 30-2420(a) |
| Either small-estate affidavit becomes available | 30 days | Date of death | Neb. Rev. Stat. § 30-24,125(a), § 30-24,129(a) |
| Creditor may be appointed personal representative | 45 days | Date of death | Neb. Rev. Stat. § 30-2412(a)(6) |
| First publication of the notice to creditors | 30 days | Appointment of the personal representative | Neb. Rev. Stat. § 30-2483(a) |
| Creditors present claims or are barred | 2 months | First published notice | Neb. Rev. Stat. § 30-2485(a)(1) |
| Late creditor may apply for more time | 60 days, then up to 30 more if allowed | Expiry of the two-month bar | Neb. Rev. Stat. § 30-2485(a)(1) |
| Creditor bar where no notice was published | 3 years | Date of death | Neb. Rev. Stat. § 30-2485(a)(2) |
| Claims arising at or after the death | 4 months | Performance due, or the claim arising | Neb. Rev. Stat. § 30-2485(b) |
| Inventory filed with the court | 3 months | Appointment | Neb. Rev. Stat. § 30-2467 |
| Surviving spouse petitions for the elective share | 9 months, or 6 months after probate of the will, whichever expires last | Date of death, or probate of the will | Neb. Rev. Stat. § 30-2317(a) |
| Renounce an inheritance for Nebraska tax purposes | 9 months | The transfer creating the interest, or age 21 | Neb. Rev. Stat. § 30-2352(b) |
| Nebraska inheritance tax due and payable | 12 months | Date of death | Neb. Rev. Stat. § 77-2010 |
| Earliest closing statement in an unsupervised estate | 5 months from appointment and more than 4 months from first publication | Both, together | Neb. Rev. Stat. § 30-24,117(a) |
| Outer limit for opening any probate or appointment | 3 years | Date of death | Neb. Rev. Stat. § 30-2408 |
Read the creditor row and the closing row together, because that pair catches people out. Nebraska bars creditors two months after first publication, one of the shortest non-claim periods in the country, and then makes the closing statement wait on a separate four-month interval measured from that same publication. So an unsupervised Nebraska estate cannot close before five months from appointment even where every creditor was paid in week three. Do not read the four-month figure as the claim window. How long Nebraska probate takes turns the table into a schedule.
The three-year outer limit in § 30-2408 has its own exceptions, and one matters to families who find a will late: a proceeding to contest an informally probated will may be commenced within the later of twelve months from the informal probate or three years from the death. Where the three years have run with no proceeding at all, § 30-2408(4) still allows a late appointment, but claims other than expenses of administration may not be presented.
What the County Court Charges
Nebraska prices probate in statute, so the fee is a statute read rather than a county-by-county scrape. Publish the § 33-125 figure alone and you understate the bill by half, because two other statutes load onto every county court probate case.
Section 33-125(1)(a)(i) sets $22.00 for a probate commenced and closed informally, $22.00 for each later petition or application inside an informal proceeding, and $22.00 for any other Probate Code proceeding with no fee set elsewhere. Section 24-703(3)(a) adds a judges retirement charge equal to ten percent of that fee, rounded to the nearest even dollar. That rounding decides the smallest case: ten percent of $22.00 is $2.20, and the clerk collects $2.00. Six statutes add $20.00 of court costs, charged once per case: legal services $6.25 under § 33-107.01, court automation $8.00 under § 33-107.03, education $1.00 under § 33-154, dispute resolution $0.75 under § 33-155, indigent defense $3.00 under § 33-156, and uniform data analysis $1.00 under § 47-633.
Add those three together and an informal probate collects $44.00, or $45.00 where there is a will, because the judiciary schedule adds a certificate of probate of will on a testate estate and § 33-126.05 prices that at one dollar for executing a certificate and affixing the seal. A later petition inside that informal case collects $24.00, since the court costs are charged once. A petition that is dismissed with no appointment and no order collects $11.00.
Formal probate is graduated on the gross value of the estate, which § 33-125(2) defines as the actual value of real and personal property in Nebraska at the time of death, less liens and joint tenancy property. Twenty brackets, from § 33-125(1)(b)(i) through (xx):
| Gross value of the estate | Fee (§ 33-125) | Collected at filing |
|---|---|---|
| Not more than $1,000 | $22.00 | $44.00 |
| $1,000 to $2,000 | $30.00 | $53.00 |
| $2,000 to $5,000 | $50.00 | $75.00 |
| $5,000 to $10,000 | $70.00 | $97.00 |
| $10,000 to $25,000 | $80.00 | $108.00 |
| $25,000 to $50,000 | $100.00 | $130.00 |
| $50,000 to $75,000 | $120.00 | $152.00 |
| $75,000 to $100,000 | $160.00 | $196.00 |
| $100,000 to $125,000 | $220.00 | $262.00 |
| $125,000 to $150,000 | $250.00 | $295.00 |
| $150,000 to $175,000 | $270.00 | $317.00 |
| $175,000 to $200,000 | $300.00 | $350.00 |
| $200,000 to $300,000 | $350.00 | $405.00 |
| $300,000 to $400,000 | $400.00 | $460.00 |
| $400,000 to $500,000 | $500.00 | $570.00 |
| $500,000 to $750,000 | $600.00 | $680.00 |
| $750,000 to $1,000,000 | $700.00 | $790.00 |
| $1,000,000 to $2,500,000 | $800.00 | $900.00 |
| $2,500,000 to $5,000,000 | $1,000.00 | $1,120.00 |
| More than $5,000,000 | $1,500.00 | $1,670.00 |
The collected column is the § 33-125 fee plus the § 24-703 ten percent plus the $20.00 of court costs, and it matches the Nebraska Judicial Branch fee schedule effective July 1, 2026 on all twenty rows. Section 33-125(2) charges formal fees in full for every service the court performs, with no extra charge for petitions, hearings and orders during that administration, and one certified copy of the letters of appointment comes free. Informal fees are capped so they can never exceed what formal would have cost the same estate.
Publication of the notice to creditors is paid to a newspaper and sits outside these tables. What a self-filer actually spends, and where Nebraska does and does not publish help, is on the filing Nebraska probate yourself page.
The Inheritance Tax the County Collects
Nebraska is one of the few states that still charges an inheritance tax, and § 77-2003 sends it to the treasurer of the proper county rather than to the state. It is a lien on the real property it touches until paid or terminated under § 77-2037, with property passing to a surviving spouse carved out of the lien entirely.
The tax is charged to the beneficiary rather than to the estate, and the rate follows the relationship. For deaths on or after January 1, 2023, § 77-2004(1)(b) taxes immediate relatives at one percent of the clear market value received above $100,000 per beneficiary. Section 77-2004(2) draws that class widely: parents, grandparents, siblings, children including legally adopted children, any lineal descendant, anyone to whom the decedent stood in the acknowledged relation of a parent for at least ten years, the lineal descendants of that person, and the spouses of everyone listed. Section 77-2004(3) exempts a surviving spouse outright, exempts any beneficiary under twenty-two years of age, and exempts the homestead allowance, exempt property and family maintenance allowance.
Read those sections carefully rather than searching them for a number. Each one prints both the pre-2023 figure and the current figure in the same subsection, so a bare dollar amount lifted out of the text is as likely to be the repealed one. The county court determines the tax, and § 33-126.03 charges $22.00 for that determination unless a formal § 33-125(1)(b) fee was already paid. Rates for the remote and unrelated classes, deductions and the twelve-month payment deadline sit on the Nebraska inheritance tax page.
Who Serves, and What They Are Paid
Nebraska publishes no commission schedule, and that absence is the answer rather than a gap in the research. Section 30-2480 entitles a personal representative to reasonable compensation for his services. The county court decides what is reasonable on the record it has, weighing the size and nature of the estate, the work the administration actually took, and any objection an heir files. Any Nebraska percentage you find on a fee page came from somewhere other than the Probate Code.
Two rules sit beside that standard. Where a will provides for the personal representative's compensation and there is no contract with the decedent about it, § 30-2480 lets the personal representative renounce that provision before qualifying and take reasonable compensation instead, and lets anyone renounce all or part of a fee in a writing filed with the court. Section 30-2481 pays necessary expenses and reasonable attorney fees out of the estate to a personal representative, or a person nominated as one, who defends or prosecutes a proceeding in good faith, whether or not it succeeds. Section 30-2482 then lets the court review the reasonableness of that compensation, and of any agent the personal representative employed, and order refunds of anything excessive.
What the Family Keeps Before Creditors Are Paid
Three allowances come off the top, and two of them change for deaths on or after January 1, 2027 under a 2026 act.
Section 30-2322 gives a surviving spouse of a Nebraska-domiciled decedent a homestead allowance of $20,000 for a death on or after January 1, 2011 and before January 1, 2027, rising to $25,000 for a death on or after January 1, 2027. With no surviving spouse it is split among the minor and dependent children. It outranks every claim against the estate except costs and expenses of administration.
Section 30-2323 adds exempt property: $12,500 for a death in that same window, rising to $17,500 for a death on or after January 1, 2027, taken in household furniture, automobiles, furnishings, appliances and personal effects above any security interest in them. With no surviving spouse the children take it jointly, apart from any child the will disinherits, which the section defines as leaving that child nothing or a nominal amount of ten dollars or less. Where the estate holds too little of that kind of property, the spouse or children may make the shortfall up from other assets. The Nebraska exempt property allowance page covers the selection.
Section 30-2324 adds a family allowance: a reasonable allowance in money for the maintenance of the surviving spouse and the minor and dependent children during administration, payable as a lump sum or in installments, and capped at one year where the estate cannot cover allowed claims. It outranks everything except administration costs and the homestead allowance.
Section 30-2325 then caps what the personal representative may set on his or her own. For a death on or after January 1, 2011 and before January 1, 2027 that ceiling is a lump sum of $20,000, or periodic installments of $1,666.67 a month for one year, rising to $25,000 and $2,083.33 a month for a death on or after January 1, 2027. Those figures limit the personal representative rather than the court: § 30-2325 lets the personal representative or any aggrieved interested person petition, and the court may allow a family allowance larger or smaller than the one the personal representative set or could have set.
The same section carries a rule worth knowing before anyone waits. All three allowances, once finally determined by the personal representative or the court, vest in the surviving spouse as of the date of the decedent's death as a vested indefeasible right of property. They survive as an asset of the surviving spouse's own estate if still unpaid when that spouse dies, and they do not terminate on the surviving spouse's death or remarriage.
All three run in addition to whatever the will or intestacy gives the same people, unless the will says otherwise. Where there is no will, § 30-2302 gives a surviving spouse the entire intestate estate with no surviving issue or parent, and the first $150,000 plus half the balance where the decedent left parents but no issue, or left issue who are all also the spouse's issue. Where any surviving child is not the spouse's child, the spouse takes half. That $150,000 figure came from a 2026 act that took effect on July 18, 2026, so every article still printing $100,000 is describing the old law. Who inherits without a will in Nebraska works through the rest of the table.
Frequently Asked Questions
Which court handles probate in Nebraska?
The county court, in every one of Nebraska's 93 counties. Neb. Rev. Stat. § 24-517(1) gives each county court exclusive original jurisdiction of all matters relating to decedents' estates, including the probate of wills and their construction, with two narrow exceptions named in § 30-2464(c) and § 30-2486. The Nebraska Probate Code says the same thing from the other direction: § 30-2209(5) defines court as the court having jurisdiction over the affairs of decedents and states that this court in Nebraska is known as county court. Venue under § 30-2410(a) is the county where the decedent was domiciled at death, or, for a decedent domiciled elsewhere, any county holding property of the decedent at death.
What is the difference between informal and formal probate in Nebraska?
Informal proceedings run without a hearing. Under § 30-2209(20) they are conducted without notice to interested persons by an officer of the court acting as registrar, and § 30-2216 lets a judge or a designated person, including the clerk, hold that role. The registrar issues a written statement of informal probate once at least 120 hours have passed since the death and the § 30-2416 findings are made. A formal testacy proceeding is litigation. Section 30-2425 defines it as litigation to determine whether a decedent left a valid will, commenced by petition, decided after notice and a hearing. Formal is not a bigger estate. It is a contested or uncertain one, and either route may end in supervised or unsupervised administration.
How much does it cost to file probate in Nebraska?
An informal probate commenced and closed informally collects $44.00, and $45.00 where there is a will and the court issues the certificate of probate of will. Section 33-125(1)(a)(i) sets the fee itself at $22.00. Section 24-703(3)(a) then adds a judges retirement charge equal to ten percent of that fee, rounded to the nearest even dollar, which collects $2.00 rather than $2.20, and six statutes add $20.00 of per-case court costs: legal services $6.25 under § 33-107.01, automation $8.00 under § 33-107.03, education $1.00 under § 33-154, dispute resolution $0.75 under § 33-155, indigent defense $3.00 under § 33-156, and uniform data analysis $1.00 under § 47-633. A formal probate is graduated on the gross value of the estate across twenty brackets in § 33-125(1)(b), so the amount collected runs from $44.00 to $1,670.00.
How long do creditors have to file a claim in a Nebraska estate?
Two months from the date the notice to creditors is first published, under § 30-2485(a)(1). That is one of the shortest non-claim periods in the country. Section 30-2483 puts the clerk of the county court in charge of publishing that notice, once a week for three successive weeks, with the first publication due within thirty days after the personal representative is appointed. A creditor who misses the bar, including one who never received notice, may apply to the court within sixty days after the bar date, and the court on good cause shown may allow up to thirty more days. Where notice was never published in compliance with §§ 25-520.01 and 30-2483, the bar stretches to three years after the death.
Does Nebraska have a small estate affidavit?
Nebraska has two, with separate $100,000 caps that are not tiers of one route. Section 30-24,125 lets a successor collect personal property on an affidavit given to whoever holds it, thirty days after the death, where the value of all personal property in the estate wherever located, less liens and encumbrances, does not exceed $100,000 and no personal representative has been appointed or applied for. Section 30-24,129 is a separate affidavit for real property, filed with the register of deeds rather than a court, capped at $100,000 of the decedent's interest in Nebraska real property valued from the assessment rolls for the year of death less real estate taxes and interest due at death. Neither affidavit opens a court case.
How much does a Nebraska personal representative get paid?
Nebraska publishes no percentage and no schedule. Section 30-2480 says a personal representative is entitled to reasonable compensation for his services, and the county court decides what is reasonable on the record in front of it. Where a will sets the compensation and there is no contract with the decedent about it, the personal representative may renounce that provision before qualifying and take reasonable compensation instead, and may renounce all or part of any fee in a writing filed with the court. Section 30-2481 separately pays necessary expenses and reasonable attorney fees from the estate to a personal representative, or a person nominated as one, who defends or prosecutes a proceeding in good faith, whether or not it succeeds. Section 30-2482 lets the court review both and order refunds of excessive compensation.
Related Guides
- Nebraska Probate Timeline
- Nebraska Creditor Claims in Probate
- Nebraska Small Estate Affidavits
- Nebraska Executor Duties
- Nebraska Intestate Succession
- Nebraska Inheritance Tax
- Nebraska Ancillary Probate
- Nebraska Probate Without a Lawyer
- Nebraska County Courts by County
This page describes Nebraska law broadly rather than advising on one estate. Confirm every date and dollar figure with the county court holding the file, or with a licensed Nebraska attorney, before you act on it.
Sources:
- Title: Neb. Rev. Stat. § 24-517, Jurisdiction. Publisher: Nebraska Legislature. Publication Date: Laws 2024, LB83, § 16; accessed 2026-09-10. URL: https://nebraskalegislature.gov/laws/statutes.php?statute=24-517
- Title: Neb. Rev. Stat. § 24-703, Judges; contributions; deductions; fees taxed as costs; payment; late fees; funding of retirement system; actuarial valuation; transfer of funds; adjustments. Publisher: Nebraska Legislature. Publication Date: Laws 2026, LB1101, § 1; accessed 2026-09-10. URL: https://nebraskalegislature.gov/laws/statutes.php?statute=24-703
- Title: Neb. Rev. Stat. § 30-2201, Short title. Publisher: Nebraska Legislature. Publication Date: Laws 2026, LB985, § 1; accessed 2026-09-10. URL: https://nebraskalegislature.gov/laws/statutes.php?statute=30-2201
- Title: Neb. Rev. Stat. § 30-2209, General definitions. Publisher: Nebraska Legislature. Publication Date: Laws 2011, LB157, § 29; accessed 2026-09-10. URL: https://nebraskalegislature.gov/laws/statutes.php?statute=30-2209
- Title: Neb. Rev. Stat. § 30-2216, Registrar; powers. Publisher: Nebraska Legislature. Publication Date: Laws 1974, LB 354, § 16, UPC § 1-307; accessed 2026-09-10. URL: https://nebraskalegislature.gov/laws/statutes.php?statute=30-2216
- Title: Neb. Rev. Stat. § 30-2302, Share of the spouse. Publisher: Nebraska Legislature. Publication Date: Laws 2026, LB838, § 15, operative July 18, 2026; accessed 2026-09-10. URL: https://nebraskalegislature.gov/laws/statutes.php?statute=30-2302
- Title: Neb. Rev. Stat. § 30-2317, Proceeding for elective share; time limit. Publisher: Nebraska Legislature. Publication Date: Laws 1985, LB 293, § 2; accessed 2026-09-10. URL: https://nebraskalegislature.gov/laws/statutes.php?statute=30-2317
- Title: Neb. Rev. Stat. § 30-2322, Homestead allowance. Publisher: Nebraska Legislature. Publication Date: Laws 2026, LB838, § 16, operative July 18, 2026; accessed 2026-09-10. URL: https://nebraskalegislature.gov/laws/statutes.php?statute=30-2322
- Title: Neb. Rev. Stat. § 30-2323, Exempt property. Publisher: Nebraska Legislature. Publication Date: Laws 2026, LB838, § 17, operative July 18, 2026; accessed 2026-09-10. URL: https://nebraskalegislature.gov/laws/statutes.php?statute=30-2323
- Title: Neb. Rev. Stat. § 30-2324, Family allowance. Publisher: Nebraska Legislature. Publication Date: Laws 1978, LB 650, § 6; accessed 2026-09-10. URL: https://nebraskalegislature.gov/laws/statutes.php?statute=30-2324
- Title: Neb. Rev. Stat. § 30-2325, Source, determination, and documentation. Publisher: Nebraska Legislature. Publication Date: Laws 2026, LB838, § 18, operative July 18, 2026; accessed 2026-09-10. URL: https://nebraskalegislature.gov/laws/statutes.php?statute=30-2325
- Title: Neb. Rev. Stat. § 30-2408, Probate, testacy, and appointment proceedings; ultimate time limit. Publisher: Nebraska Legislature. Publication Date: Laws 1984, LB 373, § 1; accessed 2026-09-10. URL: https://nebraskalegislature.gov/laws/statutes.php?statute=30-2408
- Title: Neb. Rev. Stat. § 30-2410, Venue for first and subsequent estate proceedings; location of property. Publisher: Nebraska Legislature. Publication Date: Laws 1974, LB 354, § 88, UPC § 3-201; accessed 2026-09-10. URL: https://nebraskalegislature.gov/laws/statutes.php?statute=30-2410
- Title: Neb. Rev. Stat. § 30-2412, Priority among persons seeking appointment as personal representative. Publisher: Nebraska Legislature. Publication Date: Laws 1978, LB 650, § 8; accessed 2026-09-10. URL: https://nebraskalegislature.gov/laws/statutes.php?statute=30-2412
- Title: Neb. Rev. Stat. § 30-2414, Informal probate or appointment proceedings; application; contents. Publisher: Nebraska Legislature. Publication Date: Laws 2020, LB966, § 14; accessed 2026-09-10. URL: https://nebraskalegislature.gov/laws/statutes.php?statute=30-2414
- Title: Neb. Rev. Stat. § 30-2416, Informal probate; proof and findings required. Publisher: Nebraska Legislature. Publication Date: Laws 2020, LB966, § 15; accessed 2026-09-10. URL: https://nebraskalegislature.gov/laws/statutes.php?statute=30-2416
- Title: Neb. Rev. Stat. § 30-2420, Informal appointment proceedings; delay in order; duty of registrar; effect of appointment. Publisher: Nebraska Legislature. Publication Date: Laws 1974, LB 354, § 98, UPC § 3-307; accessed 2026-09-10. URL: https://nebraskalegislature.gov/laws/statutes.php?statute=30-2420
- Title: Neb. Rev. Stat. § 30-2425, Formal testacy proceedings; nature; when commenced. Publisher: Nebraska Legislature. Publication Date: Laws 1974, LB 354, § 103, UPC § 3-401; accessed 2026-09-10. URL: https://nebraskalegislature.gov/laws/statutes.php?statute=30-2425
- Title: Neb. Rev. Stat. § 30-2429.01, Formal testacy proceedings; objection; informal probate; petition to set aside; transfer to district court; procedure; fees. Publisher: Nebraska Legislature. Publication Date: Laws 2018, LB193, § 64; accessed 2026-09-10. URL: https://nebraskalegislature.gov/laws/statutes.php?statute=30-2429.01
- Title: Neb. Rev. Stat. § 30-2439, Supervised administration; nature of proceeding. Publisher: Nebraska Legislature. Publication Date: Laws 1974, LB 354, § 117, UPC § 3-501; accessed 2026-09-10. URL: https://nebraskalegislature.gov/laws/statutes.php?statute=30-2439
- Title: Neb. Rev. Stat. § 30-2440, Supervised administration; petition; order. Publisher: Nebraska Legislature. Publication Date: Laws 1974, LB 354, § 118, UPC § 3-502; accessed 2026-09-10. URL: https://nebraskalegislature.gov/laws/statutes.php?statute=30-2440
- Title: Neb. Rev. Stat. § 30-2446, Bond required; exceptions; when court may require; required when value of estate will not permit summary procedures. Publisher: Nebraska Legislature. Publication Date: Laws 2024, LB1195, § 3; accessed 2026-09-10. URL: https://nebraskalegislature.gov/laws/statutes.php?statute=30-2446
- Title: Neb. Rev. Stat. § 30-2467, Duty of personal representative; inventory and appraisal. Publisher: Nebraska Legislature. Publication Date: Laws 2000, LB 968, § 15; accessed 2026-09-10. URL: https://nebraskalegislature.gov/laws/statutes.php?statute=30-2467
- Title: Neb. Rev. Stat. § 30-2480, Compensation of personal representative. Publisher: Nebraska Legislature. Publication Date: Laws 1974, LB 354, § 158, UPC § 3-719; accessed 2026-09-10. URL: https://nebraskalegislature.gov/laws/statutes.php?statute=30-2480
- Title: Neb. Rev. Stat. § 30-2483, Notice to creditors. Publisher: Nebraska Legislature. Publication Date: Laws 2019, LB593, § 1; accessed 2026-09-10. URL: https://nebraskalegislature.gov/laws/statutes.php?statute=30-2483
- Title: Neb. Rev. Stat. § 30-2485, Limitations on presentation of claims. Publisher: Nebraska Legislature. Publication Date: Laws 2009, LB35, § 20; accessed 2026-09-10. URL: https://nebraskalegislature.gov/laws/statutes.php?statute=30-2485
- Title: Neb. Rev. Stat. § 30-2487, Payment of claims; order. Publisher: Nebraska Legislature. Publication Date: Laws 2009, LB35, § 21; accessed 2026-09-10. URL: https://nebraskalegislature.gov/laws/statutes.php?statute=30-2487
- Title: Neb. Rev. Stat. § 30-24,117, Closing estates; by sworn statement of personal representative. Publisher: Nebraska Legislature. Publication Date: Laws 1974, LB 354, § 195, UPC § 3-1003; accessed 2026-09-10. URL: https://nebraskalegislature.gov/laws/statutes.php?statute=30-24,117
- Title: Neb. Rev. Stat. § 30-24,125, Collection of personal property by affidavit. Publisher: Nebraska Legislature. Publication Date: Laws 2025, LB85, § 1; accessed 2026-09-10. URL: https://nebraskalegislature.gov/laws/statutes.php?statute=30-24,125
- Title: Neb. Rev. Stat. § 30-24,127, Small estates; summary administrative procedure. Publisher: Nebraska Legislature. Publication Date: Laws 1974, LB 354, § 205, UPC § 3-1203; accessed 2026-09-10. URL: https://nebraskalegislature.gov/laws/statutes.php?statute=30-24,127
- Title: Neb. Rev. Stat. § 30-24,129, Succession to real property by affidavit. Publisher: Nebraska Legislature. Publication Date: Laws 2024, LB1195, § 4; accessed 2026-09-10. URL: https://nebraskalegislature.gov/laws/statutes.php?statute=30-24,129
- Title: Neb. Rev. Stat. § 33-125, County court; probate fees; how determined. Publisher: Nebraska Legislature. Publication Date: Laws 2021, LB17, § 8; accessed 2026-09-10. URL: https://nebraskalegislature.gov/laws/statutes.php?statute=33-125
- Title: Neb. Rev. Stat. § 33-126.03, County court; inheritance tax proceedings; fees; by whom paid. Publisher: Nebraska Legislature. Publication Date: Laws 2021, LB17, § 10; accessed 2026-09-10. URL: https://nebraskalegislature.gov/laws/statutes.php?statute=33-126.03
- Title: Neb. Rev. Stat. § 77-2003, Inheritance tax; to whom paid; who liable; lien; exception. Publisher: Nebraska Legislature. Publication Date: Laws 1982, LB 480, § 3; accessed 2026-09-10. URL: https://nebraskalegislature.gov/laws/statutes.php?statute=77-2003
- Title: Neb. Rev. Stat. § 77-2004, Inheritance tax; rate; person subject to tax; enumerated; transfer to immediate relatives; exemption; applicability. Publisher: Nebraska Legislature. Publication Date: Laws 2026, LB838, § 25, operative July 18, 2026; accessed 2026-09-10. URL: https://nebraskalegislature.gov/laws/statutes.php?statute=77-2004
- Title: Filing Fees and Court Costs, Effective 07-01-2026. Publisher: Nebraska Judicial Branch. Publication Date: Effective July 1, 2026; accessed 2026-09-10. URL: https://nebraskajudicial.gov/rules/administrative-policies-schedules/filing-fees-and-court-costs
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