Hiring a Wills, Trusts or Probate Lawyer in Nebraska
What Nebraska requires for a valid will, when probate applies, how estate lawyers charge, how to check a lawyer's license, and free help. We do not recommend or rank lawyers.
What a lawyer costs in Nebraska: fee rules
| Rules on contingency fees | Under Neb. Ct. R. of Prof. Cond. § 3-501.5(c), a contingent fee agreement must be in a writing signed by the client and must state how the fee is determined, including the percentage(s) for settlement, trial or appeal; litigation and other expenses deducted from the recovery; and whether expenses are deducted before or after the fee is calculated. It must clearly notify the client of expenses owed whether or not the client prevails, and at the end the lawyer must give a written statement of the outcome and, if there is a recovery, the remittance and how it was determined. § 3-501.5(d) prohibits fees in domestic relations matters contingent on securing a divorce or on the amount of alimony, support or property settlement, and contingent fees for defending a criminal case. § 3-501.5(b) says the basis or rate of fees should be communicated, preferably in writing. |
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| If you disagree with a lawyer's bill | The Nebraska State Bar Association's Legal Fee Arbitration Program offers voluntary arbitration of disputes over fees charged by attorneys (and also between attorneys and physicians, stenographers, consultants and expert witnesses). The rules, petition, respondent's answer form and a fee brochure are on the page; questions go to the program contact at 1-800-927-0117. |
| If a lawyer takes your money | The Nebraska State Bar Association's Client Assistance Fund, established in January 1974 under the Nebraska Supreme Court's authority, helps claimants recover losses caused by dishonest conduct of lawyers while practicing law in Nebraska. Complete the claim form, attach copies of supporting documents, have it notarized, and send it to NSBA/Client Assistance Fund, 635 South 14th Street, Suite 200, Lincoln, NE 68508, keeping a copy. |
Nebraska rules to know first
| Requirements for a valid will | Anyone 18 or older (or otherwise not a minor) and of sound mind may make a will. A will must be in writing, signed by the person making it (or by someone else in their presence and at their direction), and signed by at least two witnesses who each saw the signing or heard the person acknowledge the signature or the will. Who may make a will: https://nebraskalegislature.gov/laws/statutes.php?statute=30-2326 |
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| 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. |
| How probate works | 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 |
Find and check a lawyer
| Lawyer referral service | The Nebraska State Bar Association's Find-A-Lawyer website lets the public look for a lawyer. Attorneys listed there charge $50 or less for the first 30 minutes of consultation, according to the site. The site says it is not a directory of NSBA members; for a full list of licensed Nebraska attorneys it points to the Nebraska Supreme Court Attorney Services Division website. |
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| Check that the lawyer is licensed | The Nebraska Supreme Court regulates attorney licensing, and the Nebraska Judicial Branch provides a public attorney search for checking a lawyer's record; the Counsel for Discipline's grievance page points the public to it. |
| Check discipline history or file a complaint | The Nebraska Supreme Court's Counsel for Discipline investigates and prosecutes violations of the Rules of Professional Conduct. File a grievance with the court's grievance form or a letter fully explaining the problem, with copies (not originals) of supporting documents, by email (nsc.cfdcomplaints@nejudicial.gov), fax (402-471-1014) or mail (Counsel for Discipline, 5001 Central Park Dr., Ste. 300, Lincoln, NE 68504-3461); phone 402-471-1040. Grievances that would not describe improper conduct even if true are rejected; otherwise the lawyer is usually asked for a written response, staff investigate, and the grievance is dismissed or charges are filed with a Committee on Inquiry. Grievances and investigations are confidential. The office cannot give legal advice, change court orders or recover money for you; it can only seek discipline. |
Free legal help
| Free legal aid | Legal Aid of Nebraska provides information, referrals, advice, self-help services and representation to qualifying low-income people with civil legal issues, with seven offices serving all 93 counties. There are no walk-ins: call the Statewide AccessLine at 1-877-250-2016 (Monday/Wednesday 8:30-11:30 am, Tuesday/Thursday 1:00-3:00 pm, Central Time) or apply online. Seniors 60+ can use the ElderAccessLine at 1-800-527-7249. The Legal Services Corporation (LSC) lists Legal Aid of Nebraska as the LSC-funded grantee in the state. LSC grantee list: https://www.lsc.gov/about-lsc/our-grantees |
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All legal help in Nebraska · Do I need a lawyer?
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.