For most Lancaster 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 Lancaster 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 Lancaster County home out of probate are a transfer-on-death deed recorded with the Register of Deeds, 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 Lancaster County property automatically at the owner's death, without probate. It is recorded with the Register of Deeds 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.
Deeds and other real property documents for Lancaster County are recorded with the Register of Deeds at 500 West O Street, Lincoln, NE 68508. Phone: 1-402-441-7463. Hours: Monday-Friday 7:30 AM-4:30 PM.
Documents submitted by mail go to 555 South 10th Street, Lincoln, NE 68508.
The Register of Deeds charges $10 for the first page plus $6 for each additional page. A 2-page transfer on death deed costs $16 to record in Lancaster County. A transfer on death deed is exempt from transfer tax.
Lancaster County accepts electronic recording through Simplifile, CSC and ePN.
Recording Office Record
Lancaster County
Phone
Hours
Office
E-recording
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
FirmLincoln, NE
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.
PracticesEstate PlanningProbateTax PlanningConservatorshipand 4 more
FirmLincoln, NE
Lincoln firm in Lancaster County, founded in 1974, practicing personal injury, business law, and estate planning. Assists families with the administration and probate of an estate, and drafts wills, trusts, and other estate planning documents.
PracticesEstate PlanningProbateBusiness LawPersonal Injury
FirmLincoln, NE
Lincoln firm in Lancaster County, near the Capitol building downtown, serving clients across Nebraska since 1962. Guides personal representatives through probate and handles conservatorships, along with wills, trusts, and powers of attorney. Partner Steven E. Guenzel concentrates his practice on wills, trusts, and estates, including special needs trusts.
PracticesEstate PlanningProbateConservatorshipSpecial Needs Planningand 2 more
FirmBeatrice, NE
Beatrice firm in Gage County with a Fairbury office, successor to the Law Offices of Merrell Andersen, serving Jefferson, Saline, Gage, Johnson, and Lancaster Counties. Handles probate and trust administration, including the inheritance tax determination, on a flat fee schedule based on estate value. Offers a free initial consultation, remote meetings, and English and Spanish service.
PracticesEstate PlanningTrust AdministrationProbateTax Planningand 4 more
FirmBeatrice, NE
Beatrice firm in Gage County with roots to 1885, serving towns including Crete, Fairbury, Pawnee City, Falls City, and Tecumseh. Guides executors and trustees through probate and trust administration, prepares fiduciary, final, and Nebraska inheritance tax returns, and handles will and trust contests. Associate Nolan W. Schafer is both an attorney and a CPA.
PracticesEstate PlanningTrust AdministrationProbateProbate Litigationand 7 more
FirmLincoln, NE
Lincoln office on P Street, serving Lancaster County, of a firm whose other office is in Chandler, Arizona; Justin J. Cook is its Nebraska-licensed attorney. Handles probate and trust administration, probate and trust litigation, estate planning, and guardianships and conservatorships, alongside commercial and tort litigation. Offers a free 30-minute consultation and virtual meetings.
PracticesEstate PlanningTrust AdministrationProbateProbate Litigationand 3 more
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
Compare what it costs to make a trust official across SimplyTrust, LegalZoom, Trust & Will, Rocket Lawyer, and Quicken WillMaker.
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.
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.
Estate planning articles for Nebraska.
Estate planning articles for Nebraska.
