For most Butler 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.
For a Butler 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 Butler 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, Butler 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.
A transfer on death deed names a beneficiary who receives Butler 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 Aug 24, 2026View source witnesses and notary acknowledgmentNeb. Rev. Stat. 76-3401 to 76-3424Verified Aug 24, 2026View source. The deed takes effect only if it is recorded within 30 daysNeb. Rev. Stat. 76-3401 to 76-3424Verified Aug 24, 2026View source of signing and before the owner's deathNeb. Rev. Stat. 76-3401 to 76-3424Verified Aug 24, 2026View source.
Deeds and other real property documents for Butler County are recorded with the County Clerk at 451 N 5th Street, David City, NE 68632. Phone: 402-367-7430. Hours: Monday - Friday, 8:30 a.m. - 5:00 p.m.
The County Clerk charges $10 for the first page plus $6 for each additional page. Recording a 2-page transfer on death deed in Butler County comes to $16. A transfer on death deed is exempt from transfer tax.
Recording Office Record
Butler County
Address
Phone
Fax
Hours
Recording fees
| Base fee (first page) | $10 |
| Each additional page | $6 |
| Transfer tax on a TOD deed | Exempt |
Neb. Rev. Stat. 33-109
Verified July 14, 2026 · Source
FirmWahoo, NE
Providing legal services to residents of east-central Nebraska since 1893. AV Preeminent rated by Martindale-Hubbell. Additional offices in David City and Eagle.
PracticesEstate PlanningElder LawProbate Administration
FirmSchuyler, NE
Long-established Colfax County firm in Schuyler handling probate, estate planning, and trust matters alongside real estate and agricultural law. Larry Karel, licensed for over 50 years, and Richard Seckman serve east-central Nebraska families and farm estates.
PracticesEstate PlanningAgricultural LawProbate Administration
FirmBlair, NE
Multi-office firm with locations in Blair, Plattsmouth, and Omaha providing estate planning, probate, guardianships, conservatorships, and trust litigation services.
PracticesEstate PlanningTrust LitigationGuardianships ConservatorshipsProbate AdministrationWills Trusts
FirmGrand Island, NE
Gregg Neuhaus has served Grand Island and central Nebraska for over 30 years, with a second office in Lincoln. Drafts wills, trusts, and estate planning documents and handles probate representation and probate litigation for personal representatives and beneficiaries.
PracticesEstate PlanningProbate AdministrationWills Trusts
FirmBroken Bow, NE
Nebraska firm headquartered in Broken Bow with six offices running from Omaha west to North Platte. Handles estate planning, wills and trusts, probate, powers of attorney, and beneficiary designations for clients across income levels, alongside a large personal-injury practice. Quotes its estate planning fees up front and offers a free case evaluation by phone.
PracticesEstate PlanningProbate AdministrationWills Trusts
FirmElkhorn, NE
Estate Planning Law Firm located in Elkhorn that serves clients throughout Nebraska and Iowa with estate planning, elder law, and disability planning services. Over 5,000 plans completed.
PracticesEstate PlanningElder LawSpecial Needs PlanningAgricultural Estate Planning
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.
Data sourced from Nebraska statutes and official state code. How we research.
Estate planning articles for Nebraska.
Forms and tools for property owners in Butler County.
Create a revocable living trust to avoid probate, protect privacy, and control asset distribution.
Create a free, state-specific will with witness and notarization requirements included.
Transfer assets to your existing trust. State execution requirements included.
Transfer real property to a beneficiary upon your death without probate.
Designate someone to make medical decisions on your behalf.
Designate someone to manage your financial affairs.
Answer questions about your estate size, real estate ownership, marital status, and family situation to see how a revocable trust compares to a will alone. Includes estimated probate costs for your state.
Answer questions about your property type, ownership structure, and estate plan to see if a TOD deed is the right approach. Includes state-specific availability, signing requirements, and recording fees.
Compare trusts vs wills for your specific situation. See probate costs, trust administration expenses, and whether your estate qualifies for simplified procedures based on your state and estate value.
Find out who inherits your estate and how much they get if you die without a will. Based on your state's intestate succession laws.
Compare the cost of creating a revocable living trust. See how SimplyTrust, Trust & Will, LegalZoom, and attorneys compare over 5 years including life events.
Estate planning articles for Nebraska.
