What to Do When Someone Dies in Butler County, Nebraska

Probate in Butler County runs through the County Court: prove the will, settle the debts, and pass the house to the heirs. Here is how the local process works—and what each step actually costs.

When someone dies in Butler County, settling their estate runs through the County Court. This page covers the court record, whether probate is required, what it costs, how to file, transferring property, and the local attorneys who handle probate here.

Probate Court Record

County Court

Butler County · 5

Address

451 North 5th StreetDavid City, NE 68632

Fax

402-367-7483

Hours

Monday - Friday, 8:30 AM - 12:30 PM & 1:00 PM - 5:00 PM
Visit court website →
Paper filing availableE-filing optionalSelf-filing allowed

Verified July 5, 2026 · Source

How Probate Works in Butler County

Probate is the court-supervised process of settling someone's estate after they die — validating the will, paying debts and taxes, and transferring what's left to the heirs. In Butler County, probate runs through the County Court at 451 North 5th Street, David City. The court sits in the 5.

The personal representative opens the case, gives notice to heirs and creditors, files an inventory of the estate's assets, settles outstanding debts and taxes, and then distributes the remainder under the will — or under Nebraska intestacy law when there is no will.

Most Nebraska estates take 6 months to 12 months to move through this process. The 2 monthsNeb. Rev. Stat. § 30-2485Verified Sep 8, 2026View source creditor claim window is the largest fixed piece of that timeline — a mandatory wait regardless of how simple the estate is.

What Probate Costs in Butler County

What probate costs in Butler County, Nebraska comes down to a handful of line items — the court filing fee, attorney and executor compensation, publication, and sometimes a bond — scaled by the estate's size and whether the will is contested. The case itself runs through the County Court at 451 North 5th Street, David City. The court is part of the 5.

Nebraska charges $44 - $1,670 (based on estate value)Neb. Rev. Stat. § 33-125Verified Sep 8, 2026View source to open probate, the same in every county. Additional filings during administration — inventory, accounting, the final petition — add to the total.

The County Court accepts e-filing (https://nebraskajudicial.gov/e-services/efiling). Paper filing remains available for self-represented filers.

Estimate the costs for this estate:

Attorney fees in Nebraska are negotiated, typically 1.7%Neb. Rev. Stat. § 30-2482 (reasonable compensation determined by court)Verified Sep 8, 2026View source to 2.8%Neb. Rev. Stat. § 30-2482 (reasonable compensation determined by court)Verified Sep 8, 2026View source of estate value. Flat-fee arrangements are common for straightforward estates.

Executor compensation is based on reasonable pay for time and effort — the states that do set a schedule pay 2.2%Estimated from the 16 state statutes that set an executor fee schedule (median and interquartile range at this estate value)Verified Sep 8, 2026View source to 3.8%Estimated from the 16 state statutes that set an executor fee schedule (median and interquartile range at this estate value)Verified Sep 8, 2026View source of estate value. Family members who are also beneficiaries often waive the fee — executor pay is taxable income while inheritances are not.

Nebraska requires publishing creditor notice in a local newspaper, typically $200–$500. Professional appraisals for real estate or business interests add $300–$600 per asset.

A surety bond may be required unless the will waives it or all beneficiaries consent. Premiums run roughly 0.5%Neb. Rev. Stat. § 30-2446Verified Sep 8, 2026View source of estate value annually.

Probate in Nebraska typically runs 6 months to 12 months, and costs accrue throughout that period.

How to File Probate at the County Court

Probate documents in Butler County can be filed in person at the County Court, by mail, or electronically. Most families handling probate themselves prefer paper filing, though e-filing is available. The court sits in the 5.

How to File Your Documents

Paper Filing Available

You can file your probate documents in person at the court or by mail.

E-Filing Also Available

If you prefer, you can file electronically through the state's online system. This is optional for families filing without an attorney.

View E-Filing Information

Can You File Without an Attorney?

Not every estate requires an attorney. Estate size, asset types, and whether beneficiaries agree determine if self-filing at the County Court is realistic.

For a full cost comparison and filing checklist, see the Butler County Self-Filing Assessment.

What to Bring

To file at the County Court you need: the original will (or proof there isn't one), a certified death certificate, contact information for all heirs and beneficiaries, and a summary of what the estate owns and owes.

Transferring Property in Butler County

Clearing title to real estate after a death, whether by a personal representative’s deed, an affidavit of survivorship, or a court order, happens at the County Clerk.

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 Office Record

County Clerk

Butler County

Address

451 N 5th StreetDavid City, NE 68632

Fax

402-367-7436

Hours

Monday - Friday, 8:30 a.m. - 5:00 p.m.

Recording fees

Base fee (first page)$10
Each additional page$6
Transfer tax on a TOD deedExempt

Neb. Rev. Stat. 33-109

Verified July 14, 2026 · Source

Probate Attorneys Serving Butler County

Nebraska allows informal probate, so many families settle straightforward estates in Butler County without hiring an attorney. A probate attorney earns the fee when the estate is contested, includes a business or out-of-state real estate, has unclear or insolvent debts, or when beneficiaries disagree.

Probate attorney fees in Nebraska are based on reasonable compensation — typically 1.7%Neb. Rev. Stat. § 30-2482 (reasonable compensation determined by court)Verified Sep 8, 2026View source to 2.8%Neb. Rev. Stat. § 30-2482 (reasonable compensation determined by court)Verified Sep 8, 2026View source of the estate's value, billed hourly or as a flat fee. Ask a Butler County firm to quote a structure up front.

A probate attorney files the petition with the County Court, publishes the required creditor notices, prepares the inventory and accounting, handles creditor claims and tax filings, and guides the final distribution. They represent the personal representative — not the beneficiaries — a distinction that matters if a dispute develops.

FirmWahoo, NE

Bromm, Lindahl, Freeman-Caddy & Lausterer

Since 1893 · Serves 4 counties

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

Office
551 North Linden StreetWahoo, NE 68066

FirmSchuyler, NE

Karel & Seckman

Serves 3 counties

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

Office
1109 C StreetSchuyler, NE 68661

FirmBlair, NE

Johnson & Pekny, L.L.C.

Serves 3 counties

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

Office
1640 Washington StreetBlair, NE 68008
Free consultation

FirmGrand Island, NE

Neuhaus Law Office

Serves 3 counties

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

Office
205 South Cedar Street, Suite 150Grand Island, NE 68801
Free consultation

FirmBroken Bow, NE

Steffens Law Office, P.C.

Serves 8 counties

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

Office
255 South 10th AvenueBroken Bow, NE 68822
Free consultation

FirmElkhorn, NE

Estate Planning Law Group of Blazek & Gregg

Serves the whole state

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

Office
1405 N. 205th Street, Suite 120Elkhorn, NE 68022
Free consultation
See all 8 firms serving Butler County→

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.

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Legal Sources

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