How much does probate cost in Nebraska?

The short answer

Nebraska does not set probate fees by statute. Costs depend on the attorney’s billing arrangement, the type of administration, and the size and complexity of the estate. Here’s what to expect, and the ways many families avoid full probate entirely.

Attorney fees

Not statutory. Fees must be reasonable for the services rendered.

Executor / personal representative fees

The personal representative is entitled to reasonable compensation under Neb. Rev. Stat. §30-2480; there is no statutory percentage. §30-2480 also provides that where a will fixes compensation and there is no contract with the decedent about it, the personal representative may renounce that provision before qualifying and take reasonable compensation instead, and may renounce all or part of the compensation by a written renunciation filed with the court.

What the fee is based on

Nebraska adopted the Uniform Probate Code, so informal probate keeps administration costs low. The number that surprises Nebraska families is not probate cost but the county-level inheritance tax on what non-spouse heirs receive.

Court filing fees

Neb. Rev. Stat. §33-125(1)(a)(i) sets a flat $22 county court fee for a probate proceeding commenced and closed informally, plus $22 for each subsequent petition filed in that proceeding. §33-125(1)(b) sets a sliding scale for probate commenced or closed formally, keyed to the gross value of the estate: $22 up to $1,000, rising through $100 at $25,000–$50,000, $400 at $300,000–$400,000, $500 at $400,000–$500,000, and topping out at $1,500 above $5,000,000. Informal fees may not exceed what formal probate would cost on the same estate.

Appraisal / probate referee

Not used. Nebraska does not appoint a state appraiser. The personal representative prepares an inventory and may hire an appraiser for assets that are hard to value.

How long probate takes in Nebraska

We found no published source for how long probate takes in Nebraska as of September 2026. No Nebraska court publishes case-duration data, and the ranges that circulate come from law firms and from sites paid to refer customers to them, so none is cited here. The statutory floor is the creditor period: Two months after the date of the first publication of the notice to creditors, where notice is given in compliance with Neb. Rev. Stat. §§25-520.01 and 30-2483 (§30-2485(a)(1)). The clerk of the court publishes that notice once a week for three successive weeks, with first publication within thirty days after the appointment (§30-2483(a)). Where notice was not given in compliance with those sections, claims arising before death are barred three years after the decedent's death (§30-2485(a)(2)). A creditor who did not present a claim within the two months, including one who received no notice, may apply to the court within sixty days after that period expires, and the court may allow further time not to exceed thirty days for good cause shown (§30-2485(a)(1)).

Creditor claim period

Two months after the date of the first publication of the notice to creditors, where notice is given in compliance with Neb. Rev. Stat. §§25-520.01 and 30-2483 (§30-2485(a)(1)). The clerk of the court publishes that notice once a week for three successive weeks, with first publication within thirty days after the appointment (§30-2483(a)). Where notice was not given in compliance with those sections, claims arising before death are barred three years after the decedent's death (§30-2485(a)(2)). A creditor who did not present a claim within the two months, including one who received no notice, may apply to the court within sixty days after that period expires, and the court may allow further time not to exceed thirty days for good cause shown (§30-2485(a)(1)). In practice, this window is often the real floor on how quickly an estate can close, because the personal representative usually waits it out before making final distributions.

How to skip full probate (or shrink the bill)

• Small-estate procedure. Personal property up to $100,000 can be collected by affidavit 30 days after death under Neb. Rev. Stat. §30-24,125. A separate affidavit under §30-24,129(a)(1) reaches real property where "the value of the decedent's interest in all real property in the decedent's estate located in this state does not exceed one hundred thousand dollars" ($100,000), valued "from the value of the property shown on the assessment rolls for the year in which the decedent died less real estate taxes and interest thereon if any is due at the time of death". It is filed with the register of deeds in a county where the property is located, thirty days after death, with no personal representative appointed or pending.
• Transfer-on-death deed. Nebraska allows a transfer-on-death deed for real estate under the Nebraska Uniform Real Property Transfer on Death Act, which §76-3401 states comprises Neb. Rev. Stat. §§76-3401 to 76-3424 (most recently amended by Laws 2025, LB422). Owners can record a TOD deed naming a beneficiary; the property passes at death without probate.
• A funded living trust. Assets in a properly funded revocable living trust skip probate entirely. The successor trustee distributes them privately, usually in a month or two.
• Beneficiary designations and joint ownership. Life insurance, retirement accounts, payable-on-death (POD) accounts, and jointly held property pass directly to the named person and never enter probate.
• Family member as executor. When a relative serves as executor, they can often waive the commission — meaningfully cutting the total bill.

Whether representation is required in Nebraska

Nebraska does not require an estate to be represented by counsel in every proceeding; the court’s self-help materials set out where a personal representative may file without an attorney. Full probate carries formal filing requirements and statutory deadlines, and estates qualifying for a small-estate or summary procedure follow a shorter track with lower filing costs. Legal document preparers operate in some states at a flat fee, subject to state rules on unauthorised practice.

What the record shows

Probate cost in Nebraska is the sum of separately-set components: statutory or court-approved attorney fees, executor commissions, court filing fees, and appraisal costs. Each is documented above with its citation.

Assets that pass outside probate — by beneficiary designation, joint ownership with survivorship, transfer-on-death instrument, or a funded living trust — are not part of the estate these fees are calculated on. Nebraska’s small-estate threshold, above, determines which estates can use the simplified procedure.

Frequently asked questions about probate cost in Nebraska

How much does probate cost in Nebraska?

Nebraska does not set probate fees by statute. It follows the Uniform Probate Code, so most estates use informal probate. We found no published source for what probate costs in total in Nebraska as of September 2026; the ranges that are published come from law firms and from sites paid to refer customers to them. Nebraska also levies a separate inheritance tax, which applies whether or not the estate goes through probate.

What is the small-estate limit in Nebraska?

Personal property up to $100,000 can be collected by affidavit 30 days after death under Neb. Rev. Stat. §30-24,125. A separate affidavit under §30-24,129(a)(1) reaches real property where "the value of the decedent's interest in all real property in the decedent's estate located in this state does not exceed one hundred thousand dollars" ($100,000), valued "from the value of the property shown on the assessment rolls for the year in which the decedent died less real estate taxes and interest thereon if any is due at the time of death". It is filed with the register of deeds in a county where the property is located, thirty days after death, with no personal representative appointed or pending.

Who pays the probate costs in Nebraska?

The estate does. Attorney fees, the executor’s commission, court filing fees, and any appraisal costs are all paid out of the estate’s assets before anything is distributed to the beneficiaries — so in practice the heirs bear the cost through a smaller inheritance rather than paying out of pocket.

Can you avoid probate costs in Nebraska?

Nebraska's inheritance tax runs separately from probate: property passing by trust, TOD deed or beneficiary designation is outside probate and still within the tax. Three sections set three rates, each with its own exempt amount, all for decedents dying on or after January 1, 2023. Neb. Rev. Stat. §77-2004(1)(b) taxes the close relatives listed in §77-2004(2) — parent, grandparent, sibling, child, any lineal descendant, an adopted child, a person to whom the deceased stood in the acknowledged relation of a parent for at least ten years, and the spouse of any of them — at one percent of the clear market value received by each person in excess of one hundred thousand dollars. §77-2005(1)(b) taxes an uncle, aunt, niece or nephew by blood or legal adoption, their lineal descendants and their spouses at eleven percent of the clear market value received by each person in excess of forty thousand dollars. §77-2006(1)(b) taxes "all other cases" at fifteen percent of the beneficial interests received by each person in excess of twenty-five thousand dollars. §77-2004(3) exempts interests passing to the surviving spouse "by will, in the manner set forth in section 77-2002, or in any other manner", the homestead allowance, exempt property and the family maintenance allowance, and any interest passing to a person described in §77-2004(2) who is under twenty-two years of age; §77-2006(2) likewise exempts any interest passing to a person under twenty-two. §§77-2004, 77-2005 and 77-2006 each carry Laws 2026, LB838 with an operative date of July 18, 2026. The tax and the probate process are separate: avoiding probate does not avoid the tax.

How long does probate take in Nebraska?

We found no published source for how long probate takes in Nebraska as of September 2026. No Nebraska court publishes case-duration data, and the ranges that circulate come from law firms and from sites paid to refer customers to them, so none is cited here. The statutory floor is the creditor period: Two months after the date of the first publication of the notice to creditors, where notice is given in compliance with Neb. Rev. Stat. §§25-520.01 and 30-2483 (§30-2485(a)(1)). The clerk of the court publishes that notice once a week for three successive weeks, with first publication within thirty days after the appointment (§30-2483(a)). Where notice was not given in compliance with those sections, claims arising before death are barred three years after the decedent's death (§30-2485(a)(2)). A creditor who did not present a claim within the two months, including one who received no notice, may apply to the court within sixty days after that period expires, and the court may allow further time not to exceed thirty days for good cause shown (§30-2485(a)(1)). The deadlines that run alongside it: How Long Does Probate Take in Nebraska?.

Related reading

• What Is Probate and How Does It Work? — the full plain-English explanation of how probate works in the US.

• How to Avoid Probate in Nebraska — the state-specific avoidance playbook.

• Executor Deadlines in Nebraska — the statutory dates the executor works to, quoted from Neb. Rev. Stat. §30-2485(a); §30-2483(a) (notice).

• How Long Does Probate Take in Nebraska? — the companion timeline guide for Nebraska.

• Will vs. Trust: How They Differ — the documented differences between the two instruments.

• Estate Planning Checklist: Everything in One Place — the documents and decisions that determine what passes through probate.

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This page explains Nebraska probate costs in general terms as of 2026. It is not legal advice, and fee schedules, thresholds, and court costs change and depend on your specific situation. Confirm current figures with the Nebraska courts or a licensed Nebraska attorney. Sources: Neb. Rev. Stat. §30-2480, Neb. Rev. Stat. §30-2485, Neb. Rev. Stat. §30-24,125, Neb. Rev. Stat. §76-3401 et seq. (transfer-on-death deed), Neb. Rev. Stat. §77-2001 et seq. (inheritance tax).