How to File Guardianship in Nebraska County Court — Step by Step

Nebraska parents searching for a guardianship filing packet will hit a wall immediately: the Nebraska Judicial Branch does not publish establishment forms or self-help instructions for initiating a guardianship petition. The court website provides forms for annual reporting after appointment, but nothing for the petition itself. That gap is by design — the process requires substantial legal specificity, and the court strongly recommends hiring an attorney.

Here is the step-by-step process regardless of whether you retain counsel or file pro se.

Step 1: Complete Background Checks (Start Here)

Under LB 453 and County Court Rule § 6-1449, the proposed guardian must initiate the mandatory background checks before filing. The petition must state that the fingerprint-based FBI check has been initiated, and no judge can sign a permanent appointment order until the reports are filed and the FBI report is in hand.

Required checks:

• Fingerprint submission to the Nebraska State Patrol for a national FBI criminal history report ($85 total — $30 state, $55 national)
• Complete credit report from an established agency (not a credit score)
• Nebraska Sex Offender Registry search and notarized Affidavit of Sex Offender Registry Search
• DHHS Child and Adult Abuse and Neglect Central Registry check ($5 portal fee effective September 1, 2026; the report's stated online identity-verification and processing fees bring the online total to $7.50)

All reports must be submitted to the court at least 10 days before the hearing date.

Step 2: File the Petition

File the guardianship petition in the county court where the proposed ward resides. The petition must include:

• The specific reasons guardianship is necessary (functional limitations, not just a diagnosis)
• Why less restrictive alternatives are insufficient
• A list of all interested parties (parents, adult siblings, adult children, and any government agencies paying benefits)
• A statement that the FBI background check has been initiated

The docket filing cost is approximately $144 to $200 depending on the county (the statutory base is $22, but Supreme Court surcharges add substantially). A combined guardianship and conservatorship petition costs a single $44 base fee.

Step 3: Service of Notice

After filing, the court clerk schedules a hearing date. The petitioner must personally serve notice on the proposed ward at least 14 days before the hearing. This notice must inform the proposed ward of their right to:

• Attend the hearing
• Be represented by an attorney (court-appointed if indigent)
• Present evidence
• Cross-examine witnesses

The petitioner must also mail notice to all defined "interested persons" under Supreme Court Rule § 6-1433 — which includes parents, adult siblings, adult children, and any benefit-paying agency.

Sheriff service fees run $20 to $50 per person served.

Step 4: Court Visitor or Guardian ad Litem

Upon filing, the court appoints either a Court Visitor (under Neb. Rev. Stat. § 30-2619.01) or a Guardian ad Litem (GAL) to independently evaluate the proposed ward. The visitor must personally interview the proposed ward in their residence, interview the proposed guardian, and assess the ward's cognitive and physical functioning.

The visitor files a written evaluation and recommendation with the court within 60 days of the petition filing. Their reasonable fees are paid from the ward's estate, or by the county or state if the ward is indigent and has no estate.

Step 5: The Hearing

At the evidentiary hearing, the petitioner must prove by clear and convincing evidence that the proposed ward is incapacitated and that guardianship is necessary. This is a high standard — a medical diagnosis alone is not sufficient.

If any interested party objects, the matter becomes contested and is set for a full trial.

The court must issue a limited guardianship order unless clear evidence shows a limited arrangement cannot protect the ward. Full guardianship — which strips all civil decision-making rights — is the option of last resort.

Step 6: Post-Appointment Filings (Within 30 Days)

After the court issues the Order of Appointment and Letters of Guardianship, the newly appointed guardian must file within 30 days:

• Acceptance of Appointment (Form CC 16:2.211)
• General and Address Information Sheets
• Personal and Financial Information Form
• Inventory and Affidavit of Due Diligence

The guardian must also present the Letters of Guardianship to every bank or financial institution holding the ward's assets.

Step 7: Education Class (Within 90 Days)

Complete the mandatory OPG education course within 90 days and file the Certificate of Completion with the court. The course costs $20 per person.

Can You File Without an Attorney?

Technically, yes — Nebraska allows pro se filing. Practically, the absence of standardized establishment forms makes self-filing significantly harder than in states that provide form packets. The petition must meet specific legal standards, and procedural errors can delay the hearing or result in dismissal.

The Nebraska guardianship decision framework includes a structured walkthrough of the entire filing process, including timelines, document checklists, and the capacity assessment worksheets that support the petition.

See more Nebraska guides →