Probate and Recording Deeds in Douglas County (Omaha), Nebraska
Where to file a will or open probate, and where to record a deed, in Douglas County (Omaha) — with the state rules that apply.
Probate court
Douglas County Court, Probate Division (Nebraska County Court, 4th Judicial District)
Address: 1701 Farnam Street, 3rd Floor, Omaha, NE 68183
Phone: 402-444-7152 (Probate Division)
Nebraska rules that apply
| Small estate affidavit | Personal property: 30 days after death, a successor may collect money, bank accounts, stock, vehicles and other personal property by affidavit if the value of all personal property in the estate, less liens, is $100,000 or less, no personal representative has been applied for or appointed, and a certified death certificate is attached. The affidavit is signed before a notary and given to whoever holds the property (it is not filed with the court). Real estate: 30 days after death, successors may record an affidavit with the register of deeds if the deceased's Nebraska real estate is worth $100,000 or less (based on the assessed value for the year of death, less taxes owed), with a death certificate and any will attached. Real estate affidavit: https://nebraskalegislature.gov/laws/statutes.php?statute=30-24,129. Both sections were amended several times recently (most recently Laws 2025, LB85 and Laws 2024, LB1195). Court forms CC 15:40 and CC 15:41. |
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| Probate steps | Typical steps: file an application for informal probate/appointment or a petition for formal probate in county court; the personal representative qualifies (with bond unless waived) and receives letters; the clerk publishes notice to creditors once a week for 3 weeks (first publication within 30 days of appointment) and notice is mailed as required, including to the Department of Health and Human Services if the deceased was 55 or older or lived in a medical institution; file an inventory with the court within 3 months of appointment; handle inheritance tax within 12 months of death; pay claims; distribute; and close the estate. Inventory: https://nebraskalegislature.gov/laws/statutes.php?statute=30-2467 |
| Signing and recording a deed | A deed must be signed by the grantor and acknowledged (or proved) and recorded with the county register of deeds. The grantee must file a Real Estate Transfer Statement (the form prescribed by the Tax Commissioner) when recording, or the register will not record the deed. A documentary stamp tax is paid by the grantor at $3.32 per $1,000 of value for transfers before January 1, 2032 ($2.32 per $1,000 after), unless an exemption applies. The documentary stamp tax section was amended by Laws 2025, LB78 and Laws 2026, LB1067 (effective July 18, 2026). Execution rule: https://nebraskalegislature.gov/laws/statutes.php?statute=76-211; transfer statement: https://nebraskalegislature.gov/laws/statutes.php?statute=76-214 |
| Transfer-on-death deed | Yes. A transfer on death deed must be signed by the owner and witnessed by two or more disinterested witnesses, with all signatures made before a notary or other officer using the statutory form. It must have the elements of a recordable deed, state that the transfer happens at death, include the statutory warnings (inheritance tax, Medicaid and creditor liability; deeds made after September 3, 2025 need an added property-insurance warning), and be recorded with the county register of deeds within 30 days after signing and before the owner's death. The owner needs the same capacity as for a will. Signing and witness rules: https://nebraskalegislature.gov/laws/statutes.php?statute=76-3409 |
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General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.