Nebraska Small Estate Affidavit

Lane 1: personal-property affidavit (§ 30-24,125)

Thirty days after death, a person indebted to the decedent or holding tangible personal property or an instrument evidencing a debt, obligation, stock, or chose in action shall pay or deliver to a person claiming to be the successor, on presentation of an affidavit made by or on behalf of the successor stating:

1. The value of all of the personal property in the decedent's estate, wherever located, less liens and encumbrances, does not exceed $100,000;
2. Thirty days have elapsed, as shown in a certified or authenticated copy of the death certificate, or, where production of a certified certificate is delayed, an abstract of death as defined in § 71-601.01, attached to the affidavit (2025 LB85);
3. The claiming successor's relationship to the decedent, or, if no relationship, the basis of the claim;
4. The successors swear or affirm all statements true and material, acknowledging false statements may subject them to perjury penalties under § 28-915;
5. No application or petition for appointment of a personal representative is pending or has been granted in any jurisdiction;
6. The claiming successor is entitled to payment or delivery.

A transfer agent of any security shall change registered ownership on presentation. The claiming successor may endorse and negotiate any check, draft, or other negotiable instrument payable to the decedent or the estate; notwithstanding UCC §§ 3-403, 3-417, and 3-420, a financial institution accepting such an instrument for deposit is discharged from all claims for the amount accepted.

Vehicle titles (§ 125(d)). A person seeking transfer of a certificate of title to a motor vehicle, motorboat, all-terrain vehicle, utility-type vehicle, or minibike shall furnish the DMV an affidavit showing applicability of and compliance with this section. And after ten years since the estate has closed, the DMV shall waive the (a)(5) no-representative requirement if the person provides evidence the estate has closed and a certified authenticated copy of the death certificate. The waiver is title-only and (a)(5)-only — never a general waiver.

Effect (§ 30-24,126)

The payer is discharged and released as if dealing with a personal representative, with no duty to see to the application of the payment or to inquire into the truth of the affidavit. Refusal is recoverable and compellable on proof of right only — no damages multiple and no fee-shifting are stated. The recipient is answerable and accountable to any personal representative or person with a superior right.

Summary administration (§§ 30-24,127–128): no flat cap

If an inventory and appraisal show the entire estate, less liens and encumbrances, does not exceed the homestead allowance plus exempt property plus family allowance plus costs and expenses of administration plus reasonable funeral expenses plus reasonable and necessary medical and hospital expenses of the last illness, the personal representative without notice to creditors may immediately disburse and distribute and file a closing statement under § 128. There is no flat dollar cap — an allowances-sum test. The closing statement (§ 128) is verified, states the test is met to the best of the representative's knowledge, full administration by disbursement and distribution, and copies to all distributees and known unpaid and unbarred creditors and claimants with a full written account to affected distributees; the appointment terminates if no proceeding is pending one year after filing. No allowance figure is carried in this guide: the homestead, exempt-property, and family-allowance sections were not opened in full, and search snippets show death-date tiers including a 2027 tier, so any single figure would be wrong for some death dates.

Lane 2: real-property affidavit (§ 30-24,129)

Thirty days after death, a successor to the decedent's interest in real property in Nebraska may file with the register of deeds an affidavit describing the property and interest, signed by all claiming successors or parties legally acting for them, prima facie evidence of the facts stated, stating:

1. The value of the decedent's interest in all real property in the estate located in Nebraska does not exceed $100,000, determined from the value shown on the assessment rolls for the year of death, less real estate taxes and interest thereon if due at death;
2. Thirty days elapsed, as shown in a certified or authenticated copy of the death certificate attached (no abstract alternative is stated);
3. No application or petition is pending or has been granted in the State of Nebraska (note: "in the State of Nebraska" here, "in any jurisdiction" in § 125 — never harmonize the two);
4. Entitlement by homestead allowance, exempt property, family allowance, intestate succession, or devise under the will (copy of the will attached if claiming by devise);
5. Investigation made, unable to determine any subsequent will;
6. No other person has a right to the decedent's interest;
7. Relationship, and the value of the entire estate subject to probate;
8. Swear or affirm, with perjury acknowledgment under § 28-915.

The recorded affidavit and death-certificate copy must also be recorded in any other Nebraska county where subject property is located.

Staleness, stated so the reader can spot it

$50,000 is superseded law in both lanes: LB1124 (2022) raised § 125 from $50,000 to $100,000 as enacted (the introduced bill stated $150,000, a committee proposal $200,000, an amendment reducing it to $100,000 — neither introduced figure enacted). $25,000 is pre-2004 bill text. The leading republication, Nolo, and LawServer still state the superseded figures. Court forms diverge from the statute in both lanes: Form CC 15:40 states "the entire estate" where the statute tests all personal property, requires a certified copy only (pre-LB85, no abstract alternative), and carries a notarization block the statute does not state; Form CC 15:41 adds "sole owner" where the statute says "the decedent's interest." Use the statute's wording; treat form additions as form practice, not law.

For small-estate procedures in other states, see the Small Estate Affidavits by State directory. For the questions each state's procedure answers, see Small Estate Affidavit Questions.

Source

Sources: Nebraska Revised Statutes §§ 30-24,125–129 (Nebraska Legislature, fresh crawls 2026-11-01 01:23–01:25 UTC); LB1124 (2022) and LB1195 (2024) amendment history and LB85 (2025) abstract-of-death amendment as stated in the section source lines and bill records read 2026-10-31. Facts verified 2026-10-31. Open flags: §§ 30-2322, 30-2323, 30-2325 (allowances), § 71-601.01 (abstract of death), § 30-2209 (successor definition), and § 28-915 (perjury) were not opened in full — no figure, definition, or penalty class is carried from them; current Forms CC 15:40 and CC 15:41 were not opened in full; the DMV title-affidavit form and practice were not opened; LB85, LB1124-as-enacted, and LB1195 § 4 enrolled texts are first-opens owed at the next pass; LB1220 must never be cited as the enacting bill for the real-property figure.

This page explains how the process works and what the official rules say. It is general information, not legal advice. For a dispute about your specific situation, talk to the Nebraska court or a lawyer.