For most Hamilton 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 Hamilton 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 Hamilton 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, Hamilton 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 Hamilton 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 Hamilton County are recorded with the County Clerk, led by County Clerk and ex officio Register of Deeds Jill M. DeMers, at 1111 13th Street, Suite 1, Aurora, NE 68818. Phone: 402-694-3443. Hours: Monday - Friday, 8:00 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 Hamilton County comes to $16. A transfer on death deed is exempt from transfer tax.
Recording Office Record
Hamilton County · County Clerk and ex officio Register of Deeds · Jill M. DeMers
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 September 7, 2026 · Source
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
FirmHastings, NE
Hastings firm serving Adams County and central Nebraska, focused on estate planning and administration, real estate, and business formation. Handles wills, trusts, probate and trust administration, Medicaid planning, special-needs planning, TOD deeds, and inheritance and estate tax filings. Founding partner Matthew Baack concentrates on estate, trust, and business-succession planning.
PracticesEstate PlanningTrust AdministrationElder LawSpecial Needs Planningand 2 more
FirmGrand Island, NE
Grand Island firm rooted in Hall County since 1885. Handles estate and trust litigation, estate planning, and probate alongside its broader civil practice. Attorneys include John A. Wolf, John B. McDermott, Ronald S. Depue, and Mark T. Porto.
PracticesEstate PlanningTrust AdministrationProbate LitigationProbate Administration
FirmYork, NE
York firm established in 1958, located across from the York County Courthouse. Handles estate planning, wills, trusts, and estate administration alongside real estate and business work. A long-standing local practice serving York and surrounding counties.
PracticesEstate PlanningProbate AdministrationWills Trusts
FirmLincoln, NE
Boutique estate and business firm in Lincoln working in the Lancaster County courts. The team handles will and trust administration, guides fiduciaries through probate, and manages estate transfers ranging from simple wills to tax-driven planning for larger estates. Trusts and estates is one of its two core focus areas alongside business and commercial law.
PracticesEstate PlanningTrust AdministrationProbate Administration
FirmOmaha, NE
Omaha firm founded in 1898 with one of Nebraska's larger trusts and estates groups, serving families statewide from Omaha and Hastings. Handles probate, estate and trust administration, and trust and estate litigation, advising personal representatives, trustees, and other fiduciaries. Ten attorneys carry the estate practice, backed by in-house tax and business-succession lawyers.
PracticesEstate PlanningTrust AdministrationTrust LitigationBusiness SuccessionProbate Administration
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 Hamilton 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.
