Most of the firms that show up when you search for probate help won't tell you what it costs until you call. John Diamantis, founder of Heritage Law, handles probate for Nebraska and Iowa families and starts with a real number: $10,000 for an informal probate where a will exists, $12,000 for a formal probate where it doesn't. His background as a Bank Trust Officer and Financial Advisor also means he's looking at the financial side of an estate, not just the legal paperwork.
Not every estate goes through probate the same way. An informal probate applies when there's a valid will and no real disputes among heirs, it's the more straightforward path. A formal probate is required when there's no will, when the will's validity is contested, or when the situation calls for closer court supervision to determine who inherits. Formal probate takes more work to sort out who the legal heirs are, which is why it costs more.
Before assuming you need full probate, it's worth checking whether the estate qualifies for something simpler. If the estate is under $100,000, a Small Estate Affidavit can skip probate entirely, and if it's a bit larger but still not complex, Nebraska's Small Estate Probate process is a faster, less expensive path than full probate. We'll tell you honestly which one fits before you commit to the more expensive route.
Full probate in Nebraska takes about a year on average for a straightforward, uncontested estate. Contested probate takes considerably longer, we recently concluded one that took over three years. Most estates aren't contested, but it's worth knowing the range before you're in the middle of it.
Heritage Law charges $10,000 flat for an informal probate, where a valid will exists and there's no real dispute, and $12,000 for a formal probate, which is required when there's no will or the estate needs closer court supervision. Contested matters are billed separately.
Informal probate applies when there's a valid will and no disputes among heirs, a more straightforward process. Formal probate is required when there's no will, the will is contested, or the court needs to determine the legal heirs more formally. That extra work is why formal probate costs more.
Usually, yes, a will still generally has to go through probate to be legally administered. What a will does is make the process more straightforward: informal probate instead of formal. If the estate is small enough, a Small Estate Affidavit might let you skip probate entirely regardless of whether there's a will.
About a year on average for an uncontested estate. Contested probate can take significantly longer.
We are open to taking on contested probate cases, but evaluate each on a case-by-case basis. We will let you know if we are comfortable taking your case and whether it is a good fit for our firm before you hire us. We typically have to charge hourly ($400/hr) on these types of cases because of the uncertainty involved.
$10,000 informal, $12,000 formal, no surprises along the way.
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