Submitting an Original Will to a Nebraska Probate Court from Out of State

Summary: If you live outside Nebraska and have custody of a decedent’s original will, you generally must deliver or file that original will with the county court in the Nebraska county where the decedent was domiciled at death. This article explains the practical steps, documents, and options (mailing, in-person, or using a local attorney) so you can complete probate properly under Nebraska law.

Detailed Answer

Nebraska’s probate process is governed by the Nebraska Probate Code (Neb. Rev. Stat., Chapter 30). The county court in the county where the decedent was domiciled (their legal home) has primary responsibility for receiving and probating wills and appointing personal representatives. You should plan to file the decedent’s original will with that county court promptly after the death.

Key legal point

Nebraska law requires probate filings and procedures under the Nebraska Probate Code (Chapter 30). For the text of the Probate Code, see the Nebraska Legislature’s chapter on probate: Neb. Rev. Stat., Chapter 30 (Probate).

Step-by-step actions to submit the original will from out of state

1. Confirm the correct county court. Identify the county in Nebraska where the decedent was domiciled when they died. That county’s county court handles probate.
2. Contact the county court clerk. Call or email the county court clerk’s office to confirm local filing requirements, hours, filing fees, and whether the court accepts mailed originals. County court contact information is available through the Nebraska Judicial Branch county courts page: Nebraska County Courts (Nebraska Judicial Branch).
3. Gather required documents before sending or delivering the will. Typical items the court will expect include:
   • Original will (and any codicils) — the document you currently hold.
   • Death certificate (certified copy).
   • A completed probate petition or application form for probate (the county clerk can tell you the local form and required content).
   • A copy of the will to include with your filing (many courts ask for a photocopy to keep in the court file).
4. Choose how to deliver the original will.
   • In person: If you can travel, deliver the original to the county court clerk and obtain a stamped receipt or file-stamped copy.
   • By mail or courier: Use a secure, traceable method (e.g., USPS Certified Mail Return Receipt, UPS or FedEx with signature required). Enclose a cover letter explaining who you are and your relationship to the decedent; identify the decedent and enclose the death certificate and any required forms. Ask the clerk how they want mailed originals handled.
   • Through a Nebraska attorney: Many out-of-state custodians hire a local probate attorney to file the will, serve as a local filing agent, and appear at any initial hearings. An attorney can arrange safe delivery and handle the petition for probate and appointment of a personal representative.
5. Keep documentation proving delivery and custody. Keep copies of everything you send, tracking numbers, certified-mail receipts, courier signatures, and any clerk receipts. If the court requires proof of custody chain, you’ll need that evidence.
6. If witnesses or a self-proving affidavit are missing. If the will is not self-proved (no notarial affidavit attached) and witnesses are not available, Nebraska law allows the court to accept other proof of the will’s validity, but that can complicate and delay probate. Tell the clerk about any missing witness affidavits so you can be guided on next steps.
7. Be prepared for ancillary or limited probate if the decedent was not domiciled in Nebraska. If the decedent was not domiciled in Nebraska but owned Nebraska property, you may need to open an ancillary probate in Nebraska to deal only with Nebraska property. Ask the court or a Nebraska attorney about ancillary probate procedures.

What the court will usually do after receiving the original will

• The clerk will record receipt of the original will in the court file and often return a receipt to the person who delivered it.
• If someone files a petition to probate the will (petition to admit to probate and for appointment of personal representative), the court will schedule any required notices and hearings and consider issuance of letters testamentary or letters of administration.
• If the original will is needed as evidence and there is a dispute, the court will follow statutory procedures in Chapter 30 to determine validity.

Helpful Hints

• Contact the county court clerk first. They will give county-specific instructions and forms and confirm whether they accept mailed originals.
• Use traceable, insured shipping (Certified Mail with Return Receipt, or courier with signature) when mailing an original will.
• Keep a complete log of actions: who you spoke with, dates, tracking numbers, and copies of documents you sent.
• Obtain multiple certified copies of the death certificate before filing; the court and other institutions (banks, title companies) will request them.
• If the will has a notarial self-proving affidavit attached, probate tends to be faster because witness testimony may not be required. Check the will for a self-proving affidavit.
• Consider hiring a Nebraska attorney for filing and representation. An attorney can appear locally, protect the original will during transfer, prepare petitions, and handle contested issues.
• If there is Nebraska real estate or financial accounts, act quickly to preserve property (mortgage payments, insurance, lease obligations). The court can issue temporary authority in urgent situations.
• Be aware of deadlines for creditors and tax notices under Nebraska law; early filing helps protect estate interests and reduces delays.

Where to find Nebraska forms and statutes

Review Neb. Rev. Stat., Chapter 30 (Probate) for the statutory framework: https://nebraskalegislature.gov/laws/browse-chapters.php?chapter=30

Find county court contacts and basic probate information at the Nebraska Judicial Branch county courts page: https://supremecourt.nebraska.gov/court-county-courts

Disclaimer

This article explains general procedures under Nebraska law and is for informational purposes only. It does not provide legal advice and does not create an attorney-client relationship. For advice tailored to your situation—especially if the will is contested, witnesses are unavailable, or the estate includes property in multiple states—consult a licensed Nebraska attorney.