Estate Planning for Madison, Nebraska Property Owners

For most Madison 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 Madison 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 Madison 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.

Record a Transfer-on-Death Deed in Madison County

A transfer on death deed names a beneficiary who receives Madison 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 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.

Where to Record Property Documents

Deeds and other real property documents for Madison County are recorded with the Register of Deeds, led by Register of Deeds Diane Nykodym, at 1313 North Main Street, Madison, NE 68748. Phone: 402-454-3311 (dial option 8). Hours: Monday - Friday, 8:00 a.m. - 5:00 p.m.

Documents submitted by mail go to PO Box 229, Madison, NE 68748.

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 Madison County. A transfer on death deed is exempt from transfer tax.

Madison County accepts electronic recording through Simplifile.

Recording Office Record

Register of Deeds

Madison County · Register of Deeds · Diane Nykodym

Address

1313 North Main StreetMadison, NE 68748Mailing: PO Box 229, Madison, NE 68748

Fax

402-454-6682

Hours

Monday - Friday, 8:00 a.m. - 5:00 p.m.

E-recording

Available via SimplifileE-recording info →

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

Estate Planning Attorneys Serving Madison County

FirmNorfolk, NE

Copple, Rockey, Schlecht & Mason, P.C., L.L.O.

Serves 5 counties

Norfolk litigation firm serving Madison County and northeast Nebraska, with a dedicated estate planning and probate practice alongside its trial work. Handles estate planning, estate and trust administration, and probate for area families, and carries cases through appeal when a dispute cannot be settled. Second office in Omaha.

PracticesEstate PlanningTrust AdministrationProbate Administration

Office
2425 Taylor AvenueNorfolk, NE 68701

FirmNorfolk, NE

Lammli, Locke & Beaudette Law Office

Serves 4 counties

Norfolk firm in Madison County with a Northeast Nebraska presence of more than 35 years. Estate-side work covers wills, trusts, probate, asset preservation, elder law, and guardianship and conservatorship. Founding attorneys W. Bert Lammli, Cory R. Locke, and Shawn D. Beaudette anchor the practice.

PracticesEstate PlanningElder LawAsset PreservationGuardianships Conservatorshipsand 2 more

Office
100 N 34th Street, Suite ENorfolk, NE 68701

FirmNorfolk, NE

Stratton Law Group, P.C., L.L.O.

Serves 3 counties

Norfolk firm with a Columbus office serving the Madison and Platte County courts across northeast Nebraska. Handles probate and estate administration, wills, and trusts alongside real estate, business, and family law. Formerly Stratton, DeLay, Doele, Carlson, Buettner & Stover; now practices as Stratton Law Group.

PracticesEstate PlanningProbate AdministrationWills Trusts

Office
200 West Benjamin AvenueNorfolk, NE 68702

FirmO'Neill, NE

Galyen, Boettcher & Baier PC, LLO

Serves 5 counties

Firm with offices in O'Neill, Norfolk, and Laurel serving Holt County and northeast and central Nebraska. Handles probate of complex estates, trust administration, and Nebraska inheritance and federal estate tax matters. Represents families, individuals, and closely held businesses across the region.

PracticesEstate PlanningProbate AdministrationWills Trusts

Office
1102 E. Douglas StreetO'Neill, NE 68763

FirmElkhorn, NE

Estate Planning Law Group of Blazek & Gregg

Serves the whole state

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

Office
1405 N. 205th Street, Suite 120Elkhorn, NE 68022
Free consultation

FirmNorth Platte, NE

Waite, McWha & Heng

Serves the whole state

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.

PracticesEstate PlanningAgricultural LawProbate Administration

Office
116 N. Dewey StreetNorth Platte, NE 69101
See all 7 firms serving Madison 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.

SimplyTrustSimplyTrust Editorial·

Legal Sources

Data sourced from Nebraska statutes and official state code. How we research.

Nebraska Estate Planning Articles

Estate planning articles for Nebraska.