Estate Planning for Washington County, Nebraska Property Owners

For most Washington 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.

Record a TOD deedWhere to recordLocal attorneys

For a Washington 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 Washington 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.

Without a recorded beneficiary designation or a trust, Washington 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.

Record a Transfer-on-Death Deed in Washington County

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

Create a Nebraska TOD deed →Washington County signing requirements →

Where to Record Property Documents

Deeds and other real property documents for Washington County are recorded with the Register of Deeds at 1555 Colfax Street, 1st Floor, Courthouse Building, Blair, NE 68008. Phone: 1-402-426-6824.

Documents submitted by mail go to P.O. Box 446, Blair, NE 68008.

The Register of Deeds charges $10 for the first page plus $6 for each additional page. Recording a 2-page transfer on death deed in Washington County comes to $16. A transfer on death deed is exempt from transfer tax.

Recording Office Record

Register of Deeds

Washington County

Office

1555 Colfax Street, 1st Floor, Courthouse Building, Blair, NE 68008

Open in Google Maps

Mail

P.O. Box 446 Blair, NE 68008

Fax

1-402-426-6825

Verified October 16, 2026 · Source

Estate Planning Attorneys Serving Washington County

FirmOmaha, NE

Hightower Reff Law

Serves 5 counties

Omaha firm representing clients throughout Douglas, Sarpy, Washington, Dodge, and Cass Counties in estate planning, probate, and family law. Represents personal representatives, trustees, and beneficiaries in estate and trust administration and inheritance tax proceedings, and handles guardianships and conservatorships. Partner Tosha Rae Heavican leads the estate team.

PracticesEstate PlanningTrust AdministrationProbateConservatorshipand 3 more

Office
10110 Nicholas Street, Suite 102Omaha, NE 68114
Virtual consultations

FirmBlair, NE

Johnson & Pekny, L.L.C.

Serves 3 counties

Firm with offices in Blair (Washington County), Plattsmouth (Cass County), and Omaha. Helps personal representatives get appointed and administer testate and intestate estates, and handles probate and trust litigation, including will contests, capacity challenges, and suits by trust beneficiaries over a trustee's conduct. Initial consultations are free and held in person or by phone.

PracticesEstate PlanningProbateProbate LitigationTrust Litigationand 5 more

Office
1640 Washington StreetBlair, NE 68008
Free consultationVirtual consultations

FirmBlair, NE

Truhlsen & Vogel Estate Planning

Since 1997 · Serves 1 county

Blair firm on Washington Street serving Washington County and clients throughout Nebraska, founded by Rachel Truhlsen in 1997 and now practicing with Katherine Vogel. Handles probate and trust administration and guardianships alongside estate planning, Medicaid planning, and elder law. Describes itself as Nebraska's only Life Care Planning law firm, with elder care coordinators on staff.

PracticesEstate PlanningTrust AdministrationProbateElder Lawand 4 more

Office
1650 Washington StBlair, NE 68008

FirmFremont, NE

Fornoff & Schutt Attorneys at Law

Serves 8 counties

Fremont firm in Dodge County led by attorneys Leta Fornoff and Melissa Schutt, serving Dodge, Washington, Burt, Cuming, Platte, Colfax, Butler, and Saunders counties. Its estates and trusts practice covers probate, wills, trusts, and powers of attorney, alongside family law, criminal defense, personal injury, and bankruptcy work.

PracticesEstate PlanningProbateBankruptcyFamily LawPersonal Injury

Office
1627 E Military Avenue, Suite 100Fremont, NE 68025

FirmFremont, NE

Yost, Lamme, Hillis, Mitchell, Schulz, Hartmann, Wilson & Borgmann, P.C.

Since 1947 · Serves 6 counties

Fremont firm on West 5th Street, established in 1947, practicing primarily in Dodge County and in the surrounding Washington, Burt, Cuming, Saunders, and Colfax Counties. Its attorneys handle probate of estates and administration of trusts, along with wills, trusts, powers of attorney, living wills, and Medicaid planning for clients from young families to those transferring wealth and businesses.

PracticesEstate PlanningTrust AdministrationProbateMedicaid Planning

Office
81 West 5th StreetFremont, NE 68025

FirmLincoln, NE

Ball, Loudon, Ebert & Brostrom, LLC

Serves 3 counties

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

Office
3701 Union Drive, Suite 200Lincoln, NE 68516
See all 11 firms serving Washington 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.

Forms for Planning Your Estate in Nebraska

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.

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Last Will and Testament

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.

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Codicil to a Will

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.

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Healthcare Power of Attorney

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.

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HIPAA Release

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.

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Financial Power of Attorney

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.

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Transfer on Death Deed

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.

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Vehicle Transfer on Death

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.

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Living Will

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.

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Tools for Planning Your Estate in Nebraska

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.

How Do I Sign Estate Documents?

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.

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Will My Estate Documents Transfer?

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.

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Trust or Will: Which Costs Less?

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.

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How Much Does a Revocable Living Trust Cost?

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.

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How Much Does a Will Cost?

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.

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How Does SimplyTrust Compare to LegalZoom, Trust & Will, and Other Services?

Compare what it costs to make a trust official across SimplyTrust, LegalZoom, Trust & Will, Rocket Lawyer, and Quicken WillMaker.

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How Do I Name a Guardian for My Minor Children?

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.

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Do I Need a Revocable Trust?

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.

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