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Cost of Probate in Nebraska

Curious about the cost of probate in Nebraska? Read our guide that covers everything about Nebraska probate fees.

Byron Ricardo Batres

Byron Ricardo Batres, @ByronBatres

General Manager, Probate, Trust & Will

The court-supervised process of distributing property after the death of an estate owner (probate) is common in the state of Nebraska. Probate happens in a lot (but not all) cases of administering an estate. And while the process there is strikingly similar to other states, there still seems to be a lot of questions about it - especially when it comes to wondering about the average cost of probate in Nebraska. Cost will vary, and generally depends on a number of things such as:

  • Complexity and size of an estate

  • If heirs contest any part of the Will

  • Type of Estate Plans  

  • Use of a probate attorney (or not)

  • Etc.

[Need help with probate? We offer helpful probate services and will work with you to find the plan that meets your needs. Learn more.]

Common Probate Fees in Nebraska

While the cost of probate can range, some fees are pretty common in almost all probate proceedings. During probate, you may need to pay for:

  • Miscellaneous court and filing fees

  • A Probate Bond (if required)

  • Any attorney fees

  • Personal Representative compensation - Nebraska is a reasonable compensation state

  • Various professional fees

  • Etc. 

Common Questions About Probate in Nebraska

How Long Does Probate Take in Nebraska?

A probate proceeding in Nebraska can take around six to nine months to fully complete. If an estate is extremely complex or large, the process can take years.

What is UPC in Nebraska?

The Uniform Probate Code (UPC) has been adopted by Nebraska and 17 other states. UPC tried to establish a national standard for all states to follow in regards to probate. Under the code, there are three types of probate proceedings:

  • Informal

  • Unsupervised

  • Supervised formal 

How Much Does a Probate Lawyer Cost in Nebraska?

Because probate attorney fees in Nebraska can vary, it isn’t easy to just throw out a dollar figure to estimate what they’ll charge. While many probate attorneys bill by the hour, others charge a flat fee. Most fees will be less than two to three percent of the estate value. 

How to Avoid Probate in Nebraska?

Avoiding probate is a common desire, and there’s good reasoning behind why. It can be time-consuming, expensive and stressful. You may be able to avoid probate in Nebraska if you:

  • Establish a Living Trust

  • Title assets in Joint Tenancy

  • Title property as Community Property With Right of Survivorship or Tenancy by the Entirety 

  • Open accounts and hold deeds that are TOD or POD (Transfer on Death; Payable on Death)

In Nebraska, estates that are valued under the “small estate” threshold can generally avoid probate (or go through a simplified version). 

What is Considered a Small Estate in Nebraska?

If an estate is worth less than $50,000, after a 30-day waiting period, an Affidavit may be used. Alternatively, a summary probate procedure can be an option if the estate value doesn’t exceed the homestead allowance.  

Who Pays Probate Fees in Nebraska?

Probate costs and probate lawyer fees in Nebraska are paid for out of the estate.