What to Do When Someone Dies in Hamilton County, Nebraska

Probate in Hamilton 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 Hamilton 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

Hamilton County · 5

Address

P.O. Box 323Aurora, NE 68818Mailing: P.O. Box 323

Fax

402-694-2250

Hours

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

Verified July 5, 2026 · Source

How Probate Works in Hamilton 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 Hamilton County, probate runs through the County Court in Aurora. 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 Hamilton County

What probate costs in Hamilton 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 in Aurora. 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 Hamilton 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 Hamilton 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 Hamilton 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 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 Office Record

County Clerk

Hamilton County · County Clerk and ex officio Register of Deeds · Jill M. DeMers

Address

1111 13th Street, Suite 1Aurora, NE 68818

Fax

402-694-2297

Hours

Monday - Friday, 8:00 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 September 7, 2026 · Source

Probate Attorneys Serving Hamilton County

Nebraska allows informal probate, so many families settle straightforward estates in Hamilton 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 Hamilton 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.

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

FirmHastings, NE

Skalka, Baack & Fiala

Serves 9 counties

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

Office
200 North Burlington, Suite 100Hastings, NE 68901

FirmGrand Island, NE

Wolf, McDermott, Depue, Sabott, Butz & Porto, LLC

Since 1885 · Serves 3 counties

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

Office
308 North Locust, Suite 501Grand Island, NE 68801

FirmYork, NE

Fillman Law Offices, LLC

Since 1958 · Serves 5 counties

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

Office
507 N. Lincoln Ave.York, NE 68467

FirmLincoln, NE

Ball, Loudon, Ebert & Brostrom, LLC

Serves 3 counties

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

Office
3701 Union Drive, Suite 200Lincoln, NE 68516

FirmOmaha, NE

Fraser Stryker PC LLO

Since 1898 · Serves 3 counties

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

Office
1501 Mike Fahey Street, Suite 400Omaha, NE 68102
See all 11 firms serving Hamilton 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.