Estate Planning for Banner County, Nebraska Property Owners

For most Banner County homeowners, the house is what drags an estate into probate. A transfer-on-death deed or a living trust keeps it out—here is how to set up either one and record it locally.

Record a TOD deedWhere to recordLocal attorneys

For a Banner County property owner, the biggest probate risk is the home itself. Real estate is what forces most families into the County Court. The two tools that keep a Banner County home out of probate are a transfer-on-death deed recorded with the County Clerk, and a revocable living trust that holds title to the property.

Without a recorded beneficiary designation or a trust, Banner County property passes through the County Court — even simple Nebraska probates run 4+ months and start with $44 in filing fees. Nebraska also lets owners name a transfer-on-death beneficiary on vehicle titles, which keeps cars out of the same process.

Record a Transfer-on-Death Deed in Banner County

A transfer on death deed names a beneficiary who receives Banner County property automatically at the owner's death, without probate. It is recorded with the County Clerk during the owner's lifetime and can be revoked at any time.

Before recording, a Nebraska transfer on death deed is signed with 2Neb. Rev. Stat. 76-3401 to 76-3424Verified Oct 18, 2026View source witnesses and notary acknowledgmentNeb. Rev. Stat. 76-3401 to 76-3424Verified Oct 18, 2026View source. The deed takes effect only if it is recorded within 30 daysNeb. Rev. Stat. 76-3401 to 76-3424Verified Oct 18, 2026View source of signing and before the owner's deathNeb. Rev. Stat. 76-3401 to 76-3424Verified Oct 18, 2026View source.

Create a Nebraska TOD deed →Banner County signing requirements →

Where to Record Property Documents

Deeds and other real property documents for Banner County are recorded with the County Clerk at 204 State Street, Harrisburg, NE 69345. Phone: 1-308-436-5260. Hours: Monday-Thursday 8:00 AM-noon and 12:30 PM-4:30 PM; Friday 8:00 AM-noon.

The County Clerk charges $10 for the first page plus $6 for each additional page. Recording a 2-page transfer on death deed in Banner County comes to $16. A transfer on death deed is exempt from transfer tax.

Recording Office Record

County Clerk

Banner County

Hours

Monday-Thursday 8:00 AM-noon and 12:30 PM-4:30 PM; Friday 8:00 AM-noon

Office

204 State Street, Harrisburg, NE 69345

Open in Google Maps

Fees

Recording fees

Base fee (first page)$10
Each additional page$6
Transfer tax on a TOD deedTOD deeds are exempt from transfer tax

Neb. Rev. Stat. 33-109

Verified October 16, 2026 · Source

Estate Planning Attorneys Serving Banner County

FirmGering, NE

Ellison & Turman Law Firm

Since 1946 · Serves 15 counties

Gering firm founded in 1946, directly across the street from the Scotts Bluff County Courthouse, with a second office in Kimball near the Kimball County Courthouse. Handles probate, wills, trusts, powers of attorney, advance directives, guardianships, and conservatorships, with Matthew Turman carrying the estate planning work. Offers a free consultation on estate matters.

PracticesEstate PlanningProbateConservatorshipGuardianshipReal Estate

Office
1715 11th StreetGering, NE 69341
Free consultation

FirmElkhorn, NE

Estate Planning Law Group of Blazek & Gregg

Serves the whole state

Elkhorn estate planning firm in Douglas County whose practice is limited to wills, trusts, and estate administration, serving clients throughout Nebraska and Iowa. Handles both probate in the county court and trust administration through a systematized process, alongside elder law, nursing home planning, and supplemental needs trusts. Offers a free, no-obligation initial appointment.

PracticesEstate PlanningTrust AdministrationProbateElder Lawand 2 more

Office
1405 N. 205th Street, Suite 120Elkhorn, NE 68022
Free consultation

FirmNorth Platte, NE

Waite, McWha & Heng

Serves the whole state

North Platte general-practice firm centrally located in Lincoln County and providing legal services throughout Nebraska. Handles probate and estate administration, estate planning, and trusts alongside agriculture law, real estate, and insurance defense, practicing in Nebraska's county, district, and appellate courts.

PracticesEstate PlanningProbateAgricultural Law

Office
116 N. Dewey StreetNorth Platte, NE 69101

FirmLincoln, NE

Witte Law Office

Serves the whole state

Lincoln firm on Havelock Avenue, serving Lancaster County and representing clients in probate courts across Nebraska. Helps personal representatives get appointed and settle the estate, from creditors to an administration checklist, and handles guardianships and conservatorships, wills, and revocable, irrevocable, special needs, and pet trusts. Offers a free initial consultation.

PracticesEstate PlanningProbateElder LawConservatorshipand 2 more

Office
6125 Havelock AvenueLincoln, NE 68507
Free consultation

Firm listings are for informational purposes only. SimplyTrust does not endorse or recommend any specific firm or attorney. Contact firms directly to verify their current practice areas and availability.

SimplyTrustSimplyTrust Editorial·

Legal Sources

Data sourced from Nebraska statutes and official state code. How we research.

Forms for Planning Your Estate in Nebraska

Free forms for planning your estate in Nebraska: will, living trust, pour-over will, powers of attorney and TOD deed. Prepare each form for Nebraska.

Free

Last Will and Testament

In Nebraska, a will is signed before 2Neb. Rev. Stat. § 30-2327Verified Oct 18, 2026View source witnesses, and a self-proving affidavit signed with it lets the court admit it without witness testimonyNeb. Rev. Stat. § 30-2327Verified Oct 18, 2026View source.

Get Started
Free

Codicil to a Will

In Nebraska, a codicil is signed before 2Neb. Rev. Stat. § 30-2327Verified Oct 18, 2026View source witnesses, like a will, and the self-proving affidavit signed with it lets the court admit it without witness testimonyNeb. Rev. Stat. § 30-2329Verified Oct 25, 2026View source.

Get Started
Free

Healthcare Power of Attorney

Nebraska allows a choice for a healthcare power of attorney: 2Neb. Rev. Stat. § 30-3408(1)Verified Oct 15, 2026View source witnesses or a notary.

Get Started
Free

HIPAA Release

In Nebraska, a HIPAA release names who may receive your records; the state regulates mental health recordsNeb. Rev. Stat. § 71-961(1)(f) (Laws 1976, LB 806, § 78; last amended Laws 2025, LB150, § 120)Verified Jun 20, 2026View source above the federal rule, and the document carries each rule.

Get Started
Free

Financial Power of Attorney

Nebraska treats a power of attorney as durable by defaultNeb. Rev. Stat. §§ 30-4001 to 30-4045Verified Oct 21, 2026View source, and it is signed before a notaryNeb. Rev. Stat. §§ 30-4001 to 30-4045Verified Oct 21, 2026View source.

Get Started
Free

Transfer on Death Deed

In Nebraska, a transfer on death deed is signed before a notaryNeb. Rev. Stat. 76-3401 to 76-3424Verified Oct 18, 2026View source and 2Neb. Rev. Stat. 76-3401 to 76-3424Verified Oct 18, 2026View source witnesses, then recorded with the county before the owner's deathNeb. Rev. Stat. 76-3401 to 76-3424Verified Oct 18, 2026View source, within 30 daysNeb. Rev. Stat. 76-3401 to 76-3424Verified Oct 18, 2026View source of signing. Nebraska does not recognize a Lady Bird deed.

Get Started
Free

Vehicle Transfer on Death

Nebraska allows a transfer-on-death beneficiary designation on a vehicle titleNeb. Rev. Stat. 30-2715.01Verified Oct 21, 2026View source, filed through the County Treasurer / county Motor Vehicle Office (Nebraska Department of Motor Vehicles prescribes the application form and maintains the Vehicle Title and Registration System) using Form RV-707.

Get Started
Free

Living Will

In Nebraska, the living will is the DeclarationNeb. Rev. Stat. §§ 20-401 to 20-416 (Rights of the Terminally Ill Act)Verified Sep 27, 2026View source, a document of its own, apart from the healthcare power of attorney.

Get Started

All Nebraska forms

Tools for Planning Your Estate in Nebraska

Free tools for planning your estate in Nebraska: will and trust costs, trust or TOD deed, and the signing rules. Run each tool for Nebraska and read its answer.

How Do I Sign Estate Documents?

In Nebraska, a will is signed before 2Neb. Rev. Stat. § 30-2327Verified Oct 18, 2026View source witnesses, and notarization is not requiredNeb. Rev. Stat. § 30-2327Verified Oct 18, 2026View source.

Check the Rules

Will My Estate Documents Transfer?

Nebraska recognizes a will signed under the law of the place where it was signedNeb. Rev. Stat. § 30-2331Verified Oct 18, 2026View source; a will signed in Nebraska itself needs 2Neb. Rev. Stat. § 30-2327Verified Oct 18, 2026View source witnesses, and notarization is not requiredNeb. Rev. Stat. § 30-2327Verified Oct 18, 2026View source.

Get the Answer

Trust or Will: Which Costs Less?

In Nebraska, a will-based plan pays probate attorney fees of typically 1.7%Modeled estimate under Neb. Rev. Stat. § 30-2482 (reasonable compensation determined by court): the hours the statutory fee schedules imply, at the state's surveyed hourly rateVerified Sep 8, 2026View source to 2.8%Modeled estimate under Neb. Rev. Stat. § 30-2482 (reasonable compensation determined by court): the hours the statutory fee schedules imply, at the state's surveyed hourly rateVerified Sep 8, 2026View source of the estate; a funded revocable trust keeps those assets out of probate and off that fee.

Calculate Costs

How Much Does a Revocable Living Trust Cost?

An attorney-prepared revocable living trust in Nebraska runs $3,190Estimate: 10 hours at $319, Clio's Nebraska Trusts rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source to $4,785Estimate: 15 hours at $319, Clio's Nebraska Trusts rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source for an individual, against $0 to $549 up front plus a subscription with an online service.

Calculate Costs

How Much Does a Will Cost?

An attorney-prepared will in Nebraska runs $924Estimate: 3 hours at $308, Clio's Nebraska Wills and Estates rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source to $1,848Estimate: 6 hours at $308, Clio's Nebraska Wills and Estates rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source, against $0 to $299 up front with an online service, and probate on a $500,000 estate adds about $25,018Neb. Rev. Stat. § 30-2482 (reasonable compensation determined by court)Verified Sep 8, 2026View source.

Calculate Costs

How Does SimplyTrust Compare to LegalZoom, Trust & Will, and Other Services?

Compare what it costs to make a trust official across SimplyTrust, LegalZoom, Trust & Will, Rocket Lawyer, and Quicken WillMaker.

Compare Options

How Do I Name a Guardian for My Minor Children?

In Nebraska, a parent names a guardian for a minor child in a willNeb. Rev. Stat. §§ 30-2606, 30-2607, 30-2608Verified Sep 15, 2026View source, and the nomination covers the child until the age of majority, 19Neb. Rev. Stat. § 43-2101Verified Sep 15, 2026View source.

See the Steps

Do I Need a Revocable Trust?

Probate in Nebraska takes 4 months to 6 months for a simple estate and charges attorney fees of typically 1.7%Modeled estimate under Neb. Rev. Stat. § 30-2482 (reasonable compensation determined by court): the hours the statutory fee schedules imply, at the state's surveyed hourly rateVerified Sep 8, 2026View source to 2.8%Modeled estimate under Neb. Rev. Stat. § 30-2482 (reasonable compensation determined by court): the hours the statutory fee schedules imply, at the state's surveyed hourly rateVerified Sep 8, 2026View source of the estate; assets held in a revocable trust skip both.

Get the Answer

All Nebraska tools

Nebraska Estate Planning Articles

Estate planning articles for Nebraska.