Hastings firm in the historic Strand Theatre, serving every county of the 10th Judicial District plus Hall, Buffalo, and Hamilton Counties. Handles probate, small estates, trust administration, inheritance tax clearance, federal estate tax filings, elective shares, and estate disputes, plus guardianships and conservatorships. Founded in January 2013.
Estate Planning for Franklin County, Nebraska Property Owners
For most Franklin 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 Franklin 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 Franklin 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.
Skipping this planning step means the County Court decides who receives the property: a simple Nebraska probate takes 4+ months and opens with $44 in court 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 Franklin County
A transfer on death deed names a beneficiary who receives Franklin 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.
Where to Record Property Documents
Deeds and other real property documents for Franklin County are recorded with the County Clerk at 405 15th Avenue, Franklin, NE 68939. Phone: 1-308-425-6202. Hours: Monday-Friday 8:30 AM-4:30 PM.
Documents submitted by mail go to P.O. Box 146, Franklin, NE 68939.
The County Clerk charges $10 for the first page plus $6 for each additional page. A 2-page transfer on death deed costs $16 to record in Franklin County. A transfer on death deed is exempt from transfer tax.
Recording Office Record
County Clerk
Franklin County
Phone
Hours
Monday-Friday 8:30 AM-4:30 PM
Office
405 15th Avenue, Franklin, NE 68939
P.O. Box 146
Franklin, NE 68939
Fax
1-877-674-0141
Recording fees
| Base fee (first page) | $10 |
| Each additional page | $6 |
| Transfer tax on a TOD deed | TOD deeds are exempt from transfer tax |
Neb. Rev. Stat. 33-109
Verified October 16, 2026 · Source
Estate Planning Attorneys Serving Franklin County
Lincoln trusts-and-estates and business firm in Lancaster County, with satellite offices in Omaha and Grand Island. Its attorneys guide fiduciaries through probate and estate administration, and handle guardianships, conservatorships, and Nebraska inheritance tax and federal estate tax planning.
Omaha firm founded in 1898, with a second office in Hastings, representing personal representatives in probate court. Handles probate and trust administration, from inventory and appraisal through death tax returns and distribution, and trust and estate litigation for executors, trustees, and other fiduciaries. Eleven attorneys are listed on its estate planning and probate practice.
Omaha firm in Douglas County with offices in Hastings and Grand Island. Guides trustees, personal representatives, and beneficiaries through trust administration and probate, from filing the will and creditor claims to Nebraska inheritance tax, fiduciary income tax, and distribution. Handles administrations involving businesses, farms and ranches, real estate, and multiple trusts.
Broken Bow firm with six Nebraska offices from Omaha to North Platte, serving clients statewide. Helps families through probate and plans estates with wills, trusts, powers of attorney, and beneficiary designations, with an estate planning and probate case coordinator on staff beside its main personal-injury practice. Lists what each estate planning service costs up front.
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.
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.
Legal Sources
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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Nebraska Estate Planning Articles
Estate planning articles for Nebraska.
