Quick answer: Nebraska does not set probate attorney fees by a statutory percentage. Neb. Rev. Stat. § 30-2482 reviews attorney fees against a seven-factor reasonableness test. Nebraska attorneys commonly bill hourly. Estimate the whole picture — including Nebraska's county inheritance tax — in the Nebraska probate cost calculator.
The seven-factor reasonableness test
§ 30-2482: the court weighs the time and labor required, the novelty and difficulty of the questions, the skill required, the fee customarily charged locally for similar services, the amount involved and results obtained, the experience and reputation of the person performing the services, and related factors. The burden is on whoever challenges a fee to show it's excessive.
A separate provision, § 30-2481, covers attorney's fees specifically when the personal representative defends or prosecutes a proceeding in good faith, whether successful or not.
How Nebraska probate lawyers bill
- Hourly — the most common method for administration work.
- Flat fee — for a routine, uncontested informal probate.
- Percentage of estate value — by agreement in some cases; reported figures are typically less than 2%–3%, but this is a market pattern, not a legal rate.
Facing probate in Nebraska?
Talk to a Nebraska attorneyA local probate attorney can review your estate — many offer a free consultation.
Questions to ask before hiring
- Do you bill hourly, flat, or as a percentage — and what's your estimate for an estate like mine?
- Can you help calculate the Nebraska inheritance tax for each beneficiary?
- Can this estate use a small estate affidavit and skip full probate?
- Will informal probate work, or does anything require a formal proceeding?
Ways to reduce legal fees
- Small estate affidavit — personal or real property up to $100,000 each, usually less attorney time.
- Informal probate — the default UPC track.
- Stay organized — a clean inventory and beneficiary list cuts billable hours, especially for the inheritance tax return.