Nebraska Small Estate Affidavit Explained

Nebraska’s small estate process is genuinely useful in that it treats personal property and real property as two separate tracks, each independently capped at $100,000.

What are the two separate affidavits?

Nebraska offers one affidavit for personal property (Neb. Rev. Stat. § 30-24,125), officially called the Affidavit for Transfer of Personal Property without Probate, and a separate affidavit for real property (§ 30-24,129) - each independently capped at $100,000. Both figures were once $50,000. The personal property figure was already $100,000 by 2023, according to a Nebraska Bankers Association notice and a 2025 Legislature committee statement. The real property figure was raised to $100,000 by a 2024 law (LB 1195) effective July 19, 2024, according to a secondary source we could not check against the statute. Older guides, including some still online, show $50,000 for real property.

How is the personal property affidavit used?

At least 30 days after death, the successor presents a notarized affidavit, with a certified death certificate attached, directly to whoever holds the property - a bank, employer, or similar institution. No court filing is required.

How is the real property affidavit used?

The successor files an affidavit describing their interest in the real property with the register of deeds in the county where the property is located - again, no formal probate proceeding required, just a recording with the local register of deeds. Secondary sources and the state’s form describe the rules: wait at least 30 days after death, the decedent’s interest is valued at the assessed value in the year of death less unpaid real estate taxes, no application for a personal representative can be pending, and every person claiming as a successor must sign. The Nebraska courts publish the form as CC 15:41 (rev. 10/2025).

Is there a separate form for vehicles?

Yes - transferring a vehicle titled solely in the decedent’s name requires a separate Affidavit for Transfer of Decedent’s Vehicle/Motorboat, filed with the Department of Motor Vehicles rather than either of the above affidavits.

What should I do next?

Treat personal property and real property as two separate checks against two separate $100,000 caps - don’t assume one combined total determines eligibility. If a vehicle is involved, remember it needs its own separate DMV filing.

Is a change pending for the death certificate requirement?

A 2025 bill, LB 85, would let a successor use an abstract of death when the certified death certificate is delayed. The Legislature’s committee statement says the current law requires a certified or authenticated copy of the death certificate to show 30 days have passed. The committee advanced the bill to the general file; we could not confirm that it became law, so ask the holder what it will accept.

Add this to your Final Day Plan: a rough value for your personal property and any Nebraska real estate, tracked separately - it’s exactly the breakdown your family needs to confirm eligibility for each of Nebraska’s two affidavits.

Nebraska law changed as recently as 2024, and could change again. This is general educational information, not legal advice - confirm current requirements directly with a Nebraska-licensed attorney.