What is the small estate limit in Nebraska?

Personal property in the estate, wherever located and less liens and encumbrances, must not exceed $100,000 under Neb. Rev. Stat. 30-24,125. The separate real property affidavit also uses a $100,000 ceiling.

Can Nebraska transfer real estate by affidavit?

Yes. Under section 30-24,129 a person claiming a successor interest may file an affidavit with the register of deeds in the county where the land is located, thirty days after the death.

When did the real property limit change?

Effective July 19, 2024, the ceiling for the real property affidavit rose from $50,000 to $100,000, making the route available to many more Nebraska estates.

How long do I have to wait?

Thirty days from the date of death shown on a certified copy of the death certificate, which must be attached to the affidavit.

How do vehicles transfer in Nebraska?

Motor vehicles, motorboats, all-terrain vehicles and similar titled property use a specific affidavit published by the Department of Motor Vehicles under the same statute.

Nebraska Small Estate Affidavits: One for Land, One for Cash

General information, not legal advice. The real property affidavit affects title and carries consequences for later purchasers and lenders. Have a Nebraska attorney review it before recording.

Nebraska gives you two doors: one affidavit collects personal property from banks and the DMV, and a second, separate affidavit transfers real estate by recording it with the register of deeds. Most states offer only the first. The real property route became far more useful on July 19, 2024, when its ceiling doubled from $50,000 to $100,000.

Pick the right Nebraska affidavit ↓

Two affidavits, two destinations

Section 30-24,125 handles personal property. The form is titled Affidavit for Transfer of Personal Property without Probate, CC 15:40, and you present it to whoever holds the asset. Section 30-24,129 handles real property, and rather than being presented to anyone, it is filed with the register of deeds in the county where the land is located, describing the successor interest being claimed. Choosing correctly at the outset saves a wasted trip, because a bank has no use for the real property affidavit and a register of deeds will not act on CC 15:40. Vehicles are a third case, using a specific affidavit published by the Department of Motor Vehicles.

What the personal property affidavit must say

The statute is specific about content, and holders check it. The affidavit must state that the value of all the personal property in the estate, wherever located and less liens and encumbrances, does not exceed $100,000. A certified or authenticated copy of the death certificate must be attached, and the thirty days that must have elapsed are counted from the date of death as shown on that attached certificate. The claiming successor states their relationship to the decedent, or, where there is no relationship, the basis of the claim. And each successor swears the statements are true and material, acknowledging that a false statement carries perjury penalties.

The 2024 change to the land affidavit

Before July 19, 2024, the real property affidavit was capped at $50,000, which in practice excluded most Nebraska homes and left families with full probate for a house that was otherwise the whole estate. The Legislature doubled that figure to $100,000, and the practical effect is significant: a modest home now often fits the affidavit route. If a family was told a few years ago that the land was too valuable for this shortcut, that assessment may simply be stale. Check the current assessed figures against the new ceiling before assuming probate is unavoidable.

Protection for the people who come next

The reason the real property affidavit works commercially is the protection it extends downstream. A purchaser of real property from, or a lender to, a person named as a successor in a recorded affidavit has the same protection as someone dealing with a distributee who received a deed of distribution from a personal representative. That is what allows a title company to insure the eventual sale. Two caveats worth keeping in view: nothing in the section affects or prevents a proceeding to enforce a mortgage, pledge or other lien on the property, and on the personal property side the holder is not required to inquire into the truth of any statement in the affidavit, which places the responsibility squarely on the affiant.

Nebraska small estate questions

What is the limit?: Personal property, less liens and encumbrances, must not exceed $100,000 under section 30-24,125. The separate real property affidavit uses the same ceiling.
Can real estate transfer by affidavit?: Yes. Under section 30-24,129 you file with the register of deeds in the county where the land sits, thirty days after the death.
When did the land limit change?: Effective July 19, 2024, it rose from $50,000 to $100,000.
How long do I wait?: Thirty days from the date of death shown on the certified death certificate attached to the affidavit.
How do vehicles transfer?: Through a specific affidavit published by the Department of Motor Vehicles under the same statute.

Written by the Trámites Notariales US editorial team, based on Neb. Rev. Stat. 30-24,125 and 30-24,129 and the 2024 amendment. Have title work reviewed before recording.