§ 25-2708.Estates, guardianships, conservatorships, and trusts; real estate; certificate of pending proceeding; filing; county judge; duties; guardian or conservator; filing required.
Article 27: County Court Rules of Procedure and Probate Practice · Last amended 2011 · Last verified July 22, 2026
Full Text of § 25-2708
Source
Laws 1969, c. 240, § 1, p. 885; Laws 1971, LB 41, § 1; R.S.Supp.,1971, § 24-562.01; Laws 1972, LB 1032, § 59; Laws 1975, LB 481, § 7; Laws 1980, LB 694, § 1; R.S.1943, (1985), § 24-559; Laws 2003, LB 130, § 117; Laws 2011, LB157, § 1.
Plain-English Summary
Section 25-2708 covers proceedings in county court that involve real estate as part of the assets at stake — probate of a will, administration of an estate, determination of heirs, determination of inheritance tax, a guardianship or conservatorship where real estate is part of the estate, or a trust where real estate is described as a trust asset. The county judge before whom the proceeding is pending must issue a certificate and file it with the register of deeds of the county where the real estate sits, within ten days after the real estate’s description is filed in the proceeding.
A guardian or conservator carries a parallel duty: filing a copy of his or her letters with the register of deeds in every county where the ward has real property or an interest in real property.
The certificate itself identifies the county court, names the pending proceeding and the person involved, describes the real estate at issue, and is signed by the county judge — giving the public land records notice that a court proceeding touches that property.
Frequently Asked Questions
What kinds of proceedings trigger this certificate requirement?
Probate of a will, estate administration, determination of heirs, determination of inheritance tax, a guardianship or conservatorship involving real estate as part of the estate, or a trust that specifically describes real estate as a trust asset.
Who has to file the certificate?
The county judge before whom the proceeding is pending.
Where and when must the certificate be filed?
With the register of deeds of the county where the real estate is located, within ten days after the description of the real estate is filed in the proceeding.
Does a guardian or conservator have a separate filing duty?
Yes. A guardian or conservator must file a copy of his or her letters with the register of deeds in every county where the ward has real property or an interest in it.
What information does the certificate contain?
It identifies the county court, describes the proceeding and names the person involved, and describes the real estate at issue, signed by the county judge.
Why does this filing matter to someone outside the proceeding?
It puts the public land records on notice that a pending county court proceeding involves that specific real estate.