For most Johnson 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 Johnson 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 Johnson 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.
A transfer on death deed names a beneficiary who receives Johnson 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 Johnson County are recorded with the County Clerk in Tecumseh, NE 68450. Phone: 402-335-6300. Hours: Monday - Friday, 8:00 a.m. - 12:30 p.m. and 1:00 p.m. - 4:30 p.m.
Documents submitted by mail go to P.O. Box 416, Tecumseh, NE 68450.
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 Johnson County. A transfer on death deed is exempt from transfer tax.
Recording Office Record
Johnson 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
FirmBeatrice, NE
Beatrice firm with roots to 1885, serving Gage County and southeast Nebraska from the county seat. Handles estate planning and administration, probate, wills, and trusts alongside real estate, business, and tax law. Five attorneys practice in the estate and probate area.
PracticesEstate PlanningTrust AdministrationProbate AdministrationWills Trusts
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Multi-office firm with locations in Blair, Plattsmouth, and Omaha providing estate planning, probate, guardianships, conservatorships, and trust litigation services.
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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.
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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
FirmNorth Platte, NE
North Platte general-practice firm centrally located in Lincoln County, serving clients statewide. Handles probate and estate administration alongside agriculture law, real estate, and corporate work, practicing in Nebraska's county, district, and appellate courts.
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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 Johnson 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.
