The Nebraska Application for Informal Probate of Will and Informal Appointment of Personal Representative is the court form a family member or other interested person files with the county court Registrar to open a will-based estate without a formal hearing and to get legal authority to manage the property of someone who has died. You file it under the Nebraska Probate Code, and once the Registrar approves it, you become the Personal Representative with power to collect assets, pay debts, and pass property to the heirs and devisees named in the will.
This one form does a lot of heavy lifting. It tells the court who died, who the living relatives are, that the will is valid, and that you have the right to take charge. Get a name, an address, or a date wrong, and the Registrar can reject your application, which delays bank access, bill payment, and the sale of a home for weeks. Nebraska handles thousands of estates each year, and the vast majority move through this informal track rather than the slower formal one, in part because the basic county court filing fee runs only about $61 plus a small surcharge under Neb. Rev. Stat. § 33-125.
By the end of this guide, you will know:
- ✅ Exactly what to write on every line, box, and signature block of the application
- 📂 Which documents and numbers to gather before you ever open the form
- ⚖️ How the 120-hour wait, the 10-day will-delivery rule, and priority for appointment really work
- 💸 What it costs to file, where to file, and how long the Registrar takes to act
- ⚠️ The field-level mistakes that get applications bounced and how to dodge each one
What the Form Is and Who Must File It
The Nebraska Application for Informal Probate of Will and Informal Appointment of Personal Representative (county court form CC 16:2:24, also listed as Nebraska State Bar Form 220) is a sworn request. You ask the county court Registrar to accept a deceased person’s will as valid and to name a Personal Representative to settle the estate. Informal means a Registrar reviews the paperwork in the office instead of a judge holding a courtroom hearing.
The person who files is called the applicant. Most often this is the spouse, an adult child, or another person the will names as executor. Anyone with an interest in the estate may file, but the law gives some people higher priority for appointment than others under Neb. Rev. Stat. § 30-2412, starting with the person the will nominates, then the surviving spouse, then other devisees.
You must use this form when the decedent left a will and someone needs legal authority to act for the estate. Banks, title companies, and the Department of Motor Vehicles will not release a dead person’s assets to a relative without Letters of Personal Representative, and you cannot get Letters until the Registrar approves this application. The agency that receives the form is the county court in the county where the decedent lived, under the venue rules in Neb. Rev. Stat. § 30-2211.
Skipping the form does not make probate go away. If a house, a car, or a bank account is titled only in the dead person’s name, that property stays frozen until a Personal Representative is appointed. The consequence of doing nothing is simple and painful: bills go unpaid, the home cannot be sold or transferred, and heirs wait. The current form carries a revision stamp in its lower corner, so check that date against the Nebraska Judicial Branch forms page before you file to be sure you have the live version.
Before You Start: Documents and Information You Need
Gather everything below before you open the form. The application is verified, which means you sign under oath that it is accurate and complete to the best of your knowledge, so guessing is risky.
- The original last will and testament. The court needs the original, not a photocopy. If you only attach a copy now, you must deliver the original within 10 days, or the Registrar cannot probate it.
- A certified copy of the death certificate. This proves the death and the exact date. Without it, the court cannot confirm the 120-hour waiting period has passed.
- The full legal name and date of death of the decedent. A nickname or wrong date can cause a mismatch that holds up the file.
- The decedent’s age and county and state of domicile at death. This sets venue and confirms the right court has the case.
- Names, addresses, and relationships of the spouse, children, heirs, and devisees. The law requires every one, plus the ages of any who are minors. Missing an heir can void the appointment later.
- Your own name, address, and the basis of your interest. The Registrar checks your standing and your priority to serve.
- The will’s date of execution. The appointment portion of the form describes the will by the date it was signed.
- Knowledge of any prior Personal Representative or any Demand for Notice. You must disclose whether anyone else was appointed anywhere or filed a Demand for Notice under Neb. Rev. Stat. § 30-2413.
- The filing fee and money for newspaper publication. Plan for the county court fee plus the cost to publish the Notice to Creditors for three weeks.
Each item matters because the form ties them together. If the death certificate is missing, the Registrar cannot verify timing. If you leave out an heir, that person can later challenge the estate and force a do-over. Treat this checklist as your safety net.
Where to Get the Form and How to Access It
You can get the Application for Informal Probate in three places, and all three lead to the same county court form. The simplest is the Nebraska Judicial Branch self-help forms page, which posts the official county court probate packet as a fillable PDF. You may also pick up a paper copy at the clerk magistrate’s office of any county court, or order it through the Nebraska State Bar Association document list.
Download the testate packet if there is a will, because that version pairs the probate request with the appointment request on one document. Nebraska also has an intestate version for deaths with no will, titled Application for Informal Appointment of Personal Representative; do not use that one if a will exists. The Nebraska Judicial Branch flowchart AD 2:26 lays out exactly which companion forms travel with the application.
Fill the PDF out on a computer when you can. Typed entries read cleaner than handwriting, and the Registrar is less likely to kick back a typed form for a name they cannot read. If you must write by hand, use black ink and print in clear capital letters. Keep a full copy of everything you file, because that copy is your record if the original file is ever questioned.
The form usually shows a revision date in the lower corner. Confirm that date matches the version posted online the week you file, because Nebraska updates county court forms from time to time, and an outdated form can be rejected at the counter.
Step-by-Step: How to Fill Out the Application for Informal Probate Line by Line
The application follows the order set by Neb. Rev. Stat. § 30-2414. Work through each field in order. Every entry is made under oath, so accuracy beats speed.
Caption: County, Case Number, and “In the Matter of the Estate of”
The top of the form asks which county court hears the case, leaves a blank for the case number, and asks for the name of the deceased person in the line that reads In the Matter of the Estate of ____, Deceased.
Write the county where the decedent lived at death, leave the case number blank for the clerk to assign, and print the decedent’s full legal name. For example, Margaret Ann Hollis files in Lancaster County and writes the estate name as In the Matter of the Estate of Robert James Hollis, Deceased.
If the decedent lived in one county but owned a home in another, venue still follows the county of domicile, the place they treated as their permanent home. A snowbird who wintered in Arizona but kept a Lincoln house and a Nebraska license is domiciled in Lancaster County.
A common mistake here is filing in the wrong county, often the county where the funeral happened. That triggers a transfer or dismissal and wastes the filing fee. People wrongly believe they can file anywhere in the state; venue is fixed by the decedent’s home county, not by convenience.
Field 1: Statement of the Interest of the Applicant
This field asks, in plain English, why do you have the right to bring this case? It wants the relationship or role that connects you to the estate.
State your tie to the decedent or the will in a short phrase. Write something like Applicant is the surviving spouse and the personal representative named in the will or Applicant is the decedent’s adult daughter and a devisee under the will.
For example, Carlos Mendez writes Applicant is the son of the decedent and the personal representative nominated in the last will dated 04/12/2019. That single sentence shows both his relationship and his priority.
If two people share equal priority, such as two adult children, the others should consent in writing or you should explain why you are the one applying. Skipping this leads to a competing application.
A frequent error is leaving this blank or writing only family. The Registrar cannot confirm your standing, so the file stalls. Many people think being related is enough; the law wants the specific interest, not just a bloodline.
Field 2: Decedent’s Name, Date of Death, Age, Domicile, and the Heirs and Devisees
This is the longest field. It asks for the decedent’s full name, date of death, age at death, and county and state of domicile, then the names and addresses of the spouse, children, heirs, and devisees, plus the ages of any who are minors.
Enter the decedent’s legal name and the date of death as MM/DD/YYYY. List the age in years. Then list every spouse, child, heir, and devisee with a current mailing address, and write the age beside any minor.
For example, Margaret Hollis writes the spouse as Margaret Ann Hollis, 142 Elm St., Lincoln, NE 68508, lists adult son David Hollis with his Omaha address, and lists minor grandchild Ethan Hollis, age 9, who is a devisee under the will.
What if an heir’s address is unknown? The statute requires names and addresses so far as known or ascertainable with reasonable diligence, so you must make a real effort to find each person, then note address unknown after diligent search only when you truly cannot locate them.
The biggest mistake on this field is omitting an heir or a minor’s age. A left-out heir can later move to set aside the informal probate, which can undo the whole appointment. People wrongly assume only people named in the will must be listed; the law also wants intestate heirs even when a will exists.
Field 3 (Venue Statement for a Non-Resident Decedent)
This field applies only when the decedent was not domiciled in Nebraska at death. It asks you to show why a Nebraska court still has venue, usually because the person owned property here.
If the decedent lived in Nebraska, leave this blank or write Not applicable. If they lived elsewhere, state the Nebraska basis, such as Decedent owned real estate located at 300 Oak Rd., Sarpy County, Nebraska.
For example, an Iowa resident who owned a Nebraska farm has her PR write Decedent was domiciled in Pottawattamie County, Iowa, and owned 80 acres of farmland in Cass County, Nebraska, which fixes venue under Neb. Rev. Stat. § 30-2211.
The edge case here is a person who moved between states near death. Use the place they intended as their permanent home, supported by their license, voter registration, and tax filings.
A common mistake is skipping this field for an out-of-state decedent, which leaves the Registrar unable to confirm jurisdiction. Some filers think owning any Nebraska asset lets them file in any Nebraska county; it must be the county where the property sits.
Field 4: Any Other Personal Representative Already Appointed
This field asks whether any Personal Representative of this decedent has already been appointed in Nebraska or in another state and has not been removed or finished.
If no one has been appointed, write None. If someone has, give that person’s name and address. For example, David Hollis writes None, no personal representative has been appointed in this or any other state.
The edge case is ancillary probate, where a PR is already serving in the decedent’s home state and you are opening a second case in Nebraska for property here. List that out-of-state PR by name and address.
The mistake to avoid is hiding or forgetting a prior appointment, because the court cross-checks and a hidden PR creates conflicting authority over the same assets. People wrongly think a foreign appointment does not count; it does, and you must disclose it.
Field 5: Demand for Notice
This field asks whether you have received, or know of, any Demand for Notice filed about this estate under Neb. Rev. Stat. § 30-2413.
Answer yes or no. If yes, identify who filed it. For example, Carlos Mendez writes Applicant is not aware of any demand for notice filed in this or any other state.
A Demand for Notice is a request, often by a creditor or a distant heir, to be mailed copies of key filings. The edge case is a creditor who already filed one; you must then mail that party notice of your steps.
The mistake is saying no when a demand exists, which means a party who is entitled to notice does not get it, and that can later void actions you took. Many filers do not know this form exists, so check the court file before answering.
Field 6: Statements About the Will (Possession, Validity, No Revocation)
For a will-based application, the form adds three sworn statements required by Neb. Rev. Stat. § 30-2414(2). It asks where the original will is, that you believe it was validly executed, and that you know of no instrument that revoked it.
Check the box that fits: the original is already with the court, the original is attached to the application, or you hold the original and will deliver it within 10 days with a true copy attached. Then affirm you believe the will was validly executed and that, after a diligent search, you know of no later will or revocation.
For example, Margaret Hollis checks the original will accompanies this application, and affirms she believes the will signed 06/15/2021 is valid and unrevoked.
The edge case is a will probated in another state; you may file an authenticated copy instead of the original. The 10-day delivery rule is strict: if you promise to deliver the original and miss the deadline, the Registrar cannot complete the probate.
A common mistake is attaching a photocopy while checking the box that says the original is attached. The Registrar needs the true original, and a mismatch stops the file. People wrongly believe a notarized copy equals an original; in Nebraska, it does not for probate of a domestic will.
Field 7 (Appointment Portion): Will Date, Priority, and Person Whose Appointment Is Sought
The appointment section under Neb. Rev. Stat. § 30-2414(3) asks you to describe the will by its date of execution, state that probate is being applied for, and give the name, address, and priority for appointment of the person who wants to serve as Personal Representative.
Write the will’s signing date, state that the probate application is pending in the same filing, and name the proposed PR with a mailing address and the reason they have priority. For example, Carlos Mendez writes The will dated 04/12/2019 names applicant Carlos Mendez as personal representative; applicant has first priority under § 30-2412.
The edge case is when the named executor declines or has died. The next person in line under Neb. Rev. Stat. § 30-2412 may apply, usually with a written renunciation from anyone with equal or higher priority attached.
The mistake here is naming someone with lower priority without getting renunciations from those ahead of them, which lets a higher-priority person object and replace the appointee. People wrongly assume the family can simply pick anyone; the statute sets a fixed order.
Verification, Signature, and Date Block
The final block is the verification. It asks you to swear that everything in the application is accurate and complete to the best of your knowledge and belief, then sign and date.
Read the whole form again, then sign and print your name, address, and phone number, and write the date as MM/DD/YYYY. For example, David Hollis signs, prints David Hollis, 1820 Maple Ave., Omaha, NE 68104, and dates it 07/02/2026.
The edge case is an attorney filing for you; the lawyer adds a bar number and firm name, but you, the applicant, still verify the facts. Some counties want the signature notarized, so check local practice.
The mistake to avoid is signing before the facts are confirmed, because a false verification is a sworn statement and can expose you to penalties for a knowingly false filing. People wrongly treat the signature as a formality; it is an oath that carries legal weight.
Three Filled-Out Examples Using Real Scenarios
Below are three common fact patterns, each following one named filer through the major sections of the form.
Scenario 1 — Surviving spouse, simple will, house and bank accounts (Lancaster County)
| Form Section | What Margaret Enters |
|---|---|
| County / estate caption | Lancaster County; In the Matter of the Estate of Robert James Hollis, Deceased |
| Field 1, interest | Applicant is the surviving spouse and the personal representative named in the will |
| Field 2, decedent info | Robert James Hollis, date of death 06/20/2026, age 74, domiciled in Lancaster County, Nebraska |
| Field 2, heirs/devisees | Margaret Ann Hollis (spouse); David Hollis (adult son), Omaha |
| Field 4, other PR | None |
| Field 5, demand for notice | Applicant is aware of no demand for notice |
| Field 6, will statements | Original will dated 06/15/2021 accompanies application; believed valid and unrevoked |
| Field 7, appointment | Will names Margaret Ann Hollis as PR; first priority under § 30-2412 |
| Verification | Signed Margaret Ann Hollis, 142 Elm St., Lincoln, NE 68508, 07/01/2026 |
Scenario 2 — Adult child as PR, parent’s will, minor grandchild as devisee (Douglas County)
| Form Section | What Carlos Enters |
|---|---|
| County / estate caption | Douglas County; In the Matter of the Estate of Elena Mendez, Deceased |
| Field 1, interest | Applicant is the son of the decedent and PR nominated in the will |
| Field 2, decedent info | Elena Mendez, date of death 05/30/2026, age 68, domiciled in Douglas County, Nebraska |
| Field 2, heirs/devisees | Carlos Mendez (son); Sofia Mendez (daughter); Ethan Mendez, age 9 (grandchild, minor devisee) |
| Field 4, other PR | None in this or any other state |
| Field 5, demand for notice | No demand for notice known |
| Field 6, will statements | Original will dated 04/12/2019 in applicant’s possession; will deliver within 10 days, true copy attached |
| Field 7, appointment | Will names Carlos Mendez as PR; first priority; sister Sofia renounces in writing |
| Verification | Signed Carlos Mendez, 3300 Dodge St., Omaha, NE 68131, 06/15/2026 |
Scenario 3 — Out-of-state PR, Nebraska farmland, ancillary case (Cass County)
| Form Section | What Janet Enters |
|---|---|
| County / estate caption | Cass County; In the Matter of the Estate of Harold Pruett, Deceased |
| Field 1, interest | Applicant is the daughter and PR named in the Iowa-probated will |
| Field 2, decedent info | Harold Pruett, date of death 04/10/2026, age 81, domiciled in Pottawattamie County, Iowa |
| Field 3, venue statement | Decedent owned 80 acres of farmland in Cass County, Nebraska |
| Field 4, other PR | Janet Pruett appointed PR in Pottawattamie County, Iowa |
| Field 5, demand for notice | No demand for notice known |
| Field 6, will statements | Authenticated copy of Iowa-probated will accompanies application; believed valid |
| Field 7, appointment | Will names Janet Pruett as PR; applies for ancillary appointment in Nebraska |
| Verification | Signed Janet Pruett, 905 4th Ave., Council Bluffs, IA 51501, 05/05/2026 |
How to File the Completed Form
You file the application with the county court in the decedent’s county of domicile, and you can do it through more than one channel. The clerk magistrate accepts filings, assigns the case number, and routes the application to the Registrar.
- In person. Take the signed application, the original will, and the certified death certificate to the county court clerk magistrate’s office. Pay the filing fee by cash, check, or money order; many counties also take cards. Ask the clerk to stamp your copy as proof of filing and keep it.
- By mail. Mail the application, original will, certified death certificate, and a check for the fee to the county court address listed on the Nebraska Judicial Branch court directory. Include a self-addressed stamped envelope so the clerk can return a file-stamped copy as your proof.
- Electronically. Many Nebraska courts use the statewide e-filing portal, Nebraska eFiling, often through an attorney or a registered self-represented account. Pay the fee online and save the confirmation email and receipt as your proof of filing.
The base county court filing fee is set by Neb. Rev. Stat. § 33-125 and runs roughly $61, including the court automation and security surcharges, though counties may add small local fees. Budget separately for newspaper publication of the Notice to Creditors for three weeks, which often costs $50 to $150 depending on the paper. The Registrar usually reviews a clean informal application within a few business days, then issues the Letters of Personal Representative that prove your authority.
What Happens After You File
After the Registrar approves the application, you receive Letters of Personal Representative, the document banks and title companies accept as proof you can act. You also sign an Acceptance of Appointment and, in many counties, the Registrar’s Statement confirming the will was informally probated, as shown in the Nebraska Judicial Branch flowchart.
Within a short window you must publish the Notice to Creditors in a local newspaper for three weeks and mail notice to known creditors and interested parties. This starts the two-month creditor claim clock for published notice under Neb. Rev. Stat. § 30-2483. Missing publication can leave the estate open to late claims.
You then prepare an Inventory of estate assets, generally within three months of appointment, and handle Nebraska inheritance tax, which is paid at the county level and is due within a set period after death. Once debts, taxes, and distributions are done, you can close the estate informally by filing a Verified Statement of completion. The estate stays open and your duties continue until that closing step is finished.
Mistakes to Avoid When Filling Out the Form
- Filing before 120 hours have passed. The applicant must wait at least 120 hours (five days) after death, so an early filing is rejected.
- Filing in the wrong county. Venue follows the decedent’s domicile, and filing elsewhere causes transfer or dismissal and wasted fees.
- Omitting an heir or devisee. A left-out interested person can later move to set aside the probate, undoing your appointment.
- Leaving out a minor’s age. The statute requires the ages of minor heirs and devisees, and missing them can stall the file.
- Attaching a copy when you checked “original attached.” The Registrar needs the true original, so the mismatch halts probate.
- Missing the 10-day will-delivery deadline. If you promise to deliver the original later and miss it, the probate cannot be completed.
- Naming a low-priority PR without renunciations. A higher-priority person can object and replace your nominee.
- Hiding a prior or out-of-state PR. Conflicting authority over the same assets can trigger competing cases.
- Forgetting the certified death certificate. Without it, the court cannot confirm the death or the timing rule.
- Signing the verification before checking facts. A false sworn statement can expose you to penalties.
- Skipping the Notice to Creditors publication. Late publication keeps the estate exposed to creditor claims for longer.
- Using an outdated form version. An old revision can be rejected at the counter, costing you a trip.
Do’s and Don’ts
Do:
- Do confirm 120 hours have passed before filing, because the law requires it and early filings bounce.
- Do list every heir and devisee with a current address, because completeness protects your appointment.
- Do bring the original will, because the court cannot informally probate a photocopy.
- Do keep a file-stamped copy of everything, because it is your proof of filing if the record is questioned.
- Do check the form’s revision date against the official site, because counties reject outdated versions.
- Do get written renunciations from anyone with equal or higher priority, because it prevents competing applications.
Don’t:
- Don’t guess on names or dates, because a mismatch with the death certificate stalls the file.
- Don’t file in the funeral county, because venue follows domicile, not where services were held.
- Don’t hide a prior PR, because the court cross-checks and conflicting authority creates new cases.
- Don’t skip the verification review, because you swear to the contents under oath.
- Don’t forget publication, because missing it leaves the estate open to late creditor claims.
- Don’t ignore inheritance tax deadlines, because penalties and interest can grow against the estate.
Pros and Cons of Filing on Your Own vs. With Help
Filing on your own (pro se):
- Pro: Lower cost, because you avoid attorney fees on a simple estate.
- Pro: Direct control, because you handle the timeline yourself.
- Pro: Faster on clean estates, because there is no back-and-forth with a firm.
- Con: Easy to miss a field, because the verified form is unforgiving on heirs and dates.
- Con: No legal cover, because errors fall on you as the verifying applicant.
Filing with an attorney:
- Pro: Fewer rejections, because a lawyer knows the field traps and local rules.
- Pro: Handles disputes, because contested wills and creditor fights get complex.
- Pro: Manages tax and notice, because deadlines are tracked for you.
- Con: Higher cost, because fees add to estate expenses.
- Con: Less hands-on control, because you rely on the firm’s pace.
Informal vs. Formal Probate in Nebraska
| Feature | Informal Probate |
|---|---|
| Who decides | Registrar reviews paperwork in the office |
| Hearing required | No courtroom hearing in the normal case |
| Best for | Uncontested estates with a clear, valid will |
| Speed | Usually a few business days for approval |
| Feature | Formal Probate |
|---|---|
| Who decides | A county court judge at a hearing |
| Hearing required | Yes, with notice to interested parties |
| Best for | Contested wills, unclear heirs, or disputes |
| Speed | Slower, set by the court’s hearing calendar |
FAQs
How long after death must I wait to file?
Yes, you must wait at least 120 hours, which is five days, after the death before the applicant files the informal probate application under the Nebraska Probate Code.
Do I file in the county where the person died?
No, you file in the county where the decedent was domiciled, meaning their permanent home, even if death or the funeral happened elsewhere.
Can I file with only a photocopy of the will?
No, the court needs the original will, though you may attach a copy now if you deliver the original within 10 days of filing.
Do I have to list heirs who get nothing under the will?
Yes, Field 2 requires every spouse, child, heir, and devisee, because the law wants intestate heirs listed even when a valid will exists.
Do I write a minor heir’s age in Field 2?
Yes, you must list the ages of any heirs or devisees who are minors, because the statute specifically requires those ages.
In Field 1, is “family member” a good enough answer?
No, you must state your specific interest, such as surviving spouse or named personal representative, so the Registrar can confirm your standing.
In Field 4, do I list a personal representative appointed in another state?
Yes, you must disclose any current personal representative appointed anywhere, including an out-of-state PR in an ancillary case.
In Field 6, does a notarized copy count as the original will?
No, a notarized photocopy is not the original, and informal probate of a Nebraska will needs the true original document.
How much does it cost to file?
Yes, there is a cost; the base county court filing fee is roughly $61 under state law, plus newspaper publication of the Notice to Creditors.
Do I need a lawyer to file informal probate?
No, you can file pro se on a simple, uncontested estate, though a lawyer helps when the will is disputed or the estate is complex.
Will the Registrar hold a hearing on my application?
No, informal probate is reviewed by the Registrar in the office without a courtroom hearing in the normal, uncontested case.
Does approval mean I can immediately access bank accounts?
Yes, once the Registrar issues Letters of Personal Representative, banks and title companies accept that document as proof of your authority to act.
Do I still have to publish a notice after approval?
Yes, you must publish a Notice to Creditors in a local newspaper for three weeks, which starts the creditor claim period for the estate.
What happens if I leave an heir off the application?
No, you should not, because an omitted interested person can later move to set aside the informal probate and undo your appointment.
Related reading
- How to Fill Out the Nebraska Final Account and Petition for Distribution + FAQs
- How to Fill Out Nebraska Inventory and Appraisement of the Estate + FAQs
- How to Fill Out Nebraska Small Estate Affidavit (w/Examples) + FAQs
- How to Fill Out the Idaho Application for Informal Probate + FAQs
- How to Fill Out North Dakota Application for Informal Probate + FAQs
- How to Fill Out South Dakota Application for Informal Probate (Form 3-301A & 3-301B) + FAQs
- How to Fill Out Arkansas Petition for Probate of Will (w/Examples) + FAQs