Small estate checker for Nebraska
Enter the date of death and what the person owned. The page adds what the state counts and compares it with the limit for that date. It does not decide anything.
The limits this checker uses
These come from the state's law as we checked it. The checker picks the row that matches the date of death you enter.
Affidavit for Transfer of Personal Property without Probate (collection of personal property by affidavit)
30 days after the death.
Affidavit for Transfer of Real Property without Probate (succession to real property by affidavit)
30 days after the death.
Also in Nebraska (not tested here)
These procedures have their own rules, so the checker does not test them. See the state page.
- Small estates; summary administrative procedure (with a personal representative)
What counts toward the limit in Nebraska
For the personal property affidavit, add up the value of all the person's personal property in the estate, wherever it is, and subtract liens. Do not count real estate; Nebraska real estate has its own affidavit with its own $100,000 limit. Leave out property that passes outside probate.
Law: Neb. Rev. Stat. secs. 30-24,125, 30-24,129
In this state the total is counted after subtracting liens.
| Kind of property | How it is treated | Details |
|---|---|---|
Bank accounts in the person's name alone | Counts | Bank accounts in the person's name alone, with no payable-on-death beneficiary, count. Law: Neb. Rev. Stat. sec. 30-24,125(a)(1) |
Joint or payable-on-death (POD) bank accounts | Left out | Joint accounts with survivorship and payable-on-death accounts go to the surviving owner or beneficiary and are not part of the estate. Law: Neb. Rev. Stat. sec. 30-2723 |
Cars and other vehicles | Counts | A car or motorboat titled in the person's name alone is personal property and counts at its value minus any loan. It is transferred at the county treasurer with the DMV's decedent affidavit, which uses the same $100,000 test. Law: Neb. Rev. Stat. sec. 30-24,125(a)(1), (d) |
Boats and mobile or manufactured homes | Counts | Boats, ATVs and other titled personal property count at their value minus liens. Law: Neb. Rev. Stat. sec. 30-24,125(a)(1), (d) |
Real estate in Nebraska | Own procedure, up to $100,000 | Nebraska real estate is not counted for the personal property affidavit. It can pass by the separate real property affidavit if its assessed value is $100,000 or less. Law: Neb. Rev. Stat. secs. 30-24,125(a)(1), 30-24,129 |
Main home (primary residence) | Own procedure, up to $100,000 | A home in Nebraska is real estate: it can pass by the real property affidavit if the person's Nebraska real estate is worth $100,000 or less (assessed value). Law: Neb. Rev. Stat. sec. 30-24,129 |
Real estate in another state | Left out | Real estate is not personal property, so it is not counted for the personal property affidavit. Real estate in another state is handled under that state's law. Law: Neb. Rev. Stat. sec. 30-24,125(a)(1) |
Unpaid wages owed to the person | Counts | Unpaid wages owed to the person are personal property in the estate. Law: Neb. Rev. Stat. sec. 30-24,125(a)(1) |
Military pay owed to the person | Not clear | Money owed by the U.S. military may be paid to a beneficiary named with the military, outside probate. Ask the county court how to count it. Law: Neb. Rev. Stat. sec. 30-24,125(a)(1) |
Life insurance or retirement money paid to a named person | Left out | Life insurance, retirement and other benefits with a named beneficiary pass outside probate and are not part of the estate. Law: Neb. Rev. Stat. sec. 30-2715 |
Life insurance or retirement money paid to the estate | Counts | Benefits payable to the estate are personal property in the estate and count. Law: Neb. Rev. Stat. sec. 30-24,125(a)(1) |
Property in a living trust | Left out | Property in a trust passes under the trust, not through the probate estate. Law: Neb. Rev. Stat. sec. 30-24,125(a)(1) |
Property owned jointly with right of survivorship | Left out | Property held jointly with right of survivorship passes to the surviving owner. Law: Neb. Rev. Stat. sec. 30-24,125(a)(1) |
Property going to a surviving spouse | Counts | Probate personal property that goes to the spouse under the will or inheritance law is still part of the estate. Property the spouse gets as a joint owner or named beneficiary is not. Law: Neb. Rev. Stat. sec. 30-24,125(a)(1) |
Stocks, bonds and brokerage accounts | Counts | Stocks and brokerage accounts in the person's name alone count. Securities registered 'transfer on death' go to the beneficiary and are left out. Law: Neb. Rev. Stat. sec. 30-24,125(a)(1), (b) |
Furniture, jewelry and other belongings | Counts | Furniture, jewelry and other belongings count at their value minus liens. Law: Neb. Rev. Stat. sec. 30-24,125(a)(1) |
Source: Official page
Affidavit for Transfer of Personal Property without Probate (collection of personal property by affidavit)
A sworn statement you give to a bank, company or person holding the person's personal property, so they pay or deliver it to you. It is not filed with a court.
- Limit
Up to $100,000 Counted after subtracting liens (what is owed on the property).
All of the person's personal property, minus liens, cannot be worth more than $100,000. The limit was raised from $50,000 to $100,000 by a 2022 law (LB 1124).
- What counts
The value of all the personal property in the person's estate, wherever located, minus liens and encumbrances. Real estate is not counted toward this limit. Property that passes outside probate (joint, payable-on-death, beneficiary, transfer-on-death and trust property) is not part of the estate.
- Waiting period
Thirty days must have passed since the death, as shown by a certified death certificate (or an abstract of death if the certificate is delayed) attached to the affidavit.
- Who can use it
A person claiming to be the successor (entitled to the property under the will or Nebraska inheritance law), or someone acting for that person. The affidavit states the successor's relationship to the person or the basis of the claim. The court self-help page says it is not for creditors, and everyone else who inherited an interest in the property must also sign. No personal representative may have been appointed or applied for in any state.
- Court or where to file
Not filed with a court. You give an original signed affidavit to each holder of the property.
- Notary
Sign in front of a notary (or a judge or clerk of the court). Each holder needs its own original, notarized affidavit.
- Papers to attach
- Certified or authenticated copy of the death certificate, or an abstract of death if the certificate is delayed
- Steps
- Wait until 30 days after the death.
- Check that no personal representative has been appointed or applied for.
- Fill in form CC 15:40 (or the holder's own form) with the required statements.
- Sign it before a notary; make a separate signed and notarized original for each holder.
- Give each holder an original affidavit with a certified death certificate attached. Keep a copy in a safe place.
- Fee
No court fee; the affidavit is not filed with a court.
- Debts and responsibility
Your liability to the person's creditors cannot be more than the value of the property you receive. A creditor cannot recover from you for the person's debt after three years from the death or one year after the property was distributed, whichever is later. You must also answer for the property to a personal representative appointed later or to anyone with a better right. A false statement may be punished as perjury.
- What the bank or holder must do
After 30 days the holder must pay or deliver the property on a proper affidavit, and a transfer agent must re-register securities. A holder who does so is released as if it dealt with a personal representative and does not have to check whether the statements are true. A bank that accepts a check payable to the person and endorsed by the successor is discharged. If a holder refuses, the people entitled to the property can bring a court proceeding to make it pay or deliver.
Law: Neb. Rev. Stat. secs. 30-24,125, 30-24,126
Source: Official page
Affidavit for Transfer of Real Property without Probate (succession to real property by affidavit)
A sworn statement recorded with the county register of deeds that transfers the person's Nebraska real estate to the people who inherit it.
- Limit
Up to $100,000
The person's interest in all their Nebraska real estate cannot be worth more than $100,000, using the assessed value for the year of death minus unpaid real estate taxes. The limit was raised from $50,000 to $100,000 by a 2024 law (LB 1195).
- What counts
The value of the person's interest in all real property in Nebraska, taken from the assessment rolls for the year of death, minus real estate taxes and interest due at death.
- Waiting period
Thirty days must have passed since the death.
- Who can use it
Everyone claiming as successor to the real estate (under the will, by inheritance law, or through the homestead, exempt property or family allowance) must sign, or someone legally acting for them. No personal representative may have been appointed or applied for in Nebraska.
- Court or where to file
Filed with the register of deeds of each Nebraska county where the real estate is.
- Notary
The affidavit is sworn before a notary.
- Papers to attach
- Certified or authenticated copy of the death certificate
- Copy of the will, if you claim under the will
- Legal description of the real property
- Nebraska Department of Revenue Form 521 (Real Estate Transfer Statement), if the register of deeds requires it
- Steps
- Wait until 30 days after the death.
- Look up the assessed value of the person's Nebraska real estate for the year of death.
- Fill in form CC 15:41, describing the property and the person's interest, and stating the value of the whole estate.
- All successors sign before a notary.
- File it with the death certificate at the register of deeds in the county where the property is, and record it in any other county where the property is.
- Fee
The register of deeds charges a recording fee; ask the county office.
- Debts and responsibility
Your liability to the person's creditors cannot be more than the value of the property you receive. A creditor cannot recover from you for the person's debt after three years from the death or one year after the property was distributed, whichever is later. You must also answer for the property to a personal representative appointed later or to anyone with a better right.
- What the bank or holder must do
A successor named in the recorded affidavit has the same protection as a person who received a deed of distribution from a personal representative, and buyers and lenders dealing with that successor are protected the same way. Mortgages and other liens stay in place.
Law: Neb. Rev. Stat. secs. 30-24,129, 30-24,130
Source: Official page
Bank accounts after a death in Nebraska
Money in a joint account with survivorship or a payable-on-death (POD) account goes to the surviving owner or beneficiary without probate. For an account in the person's name alone, the successor can use the personal property affidavit 30 days after the death if all the person's personal property, minus liens, is $100,000 or less. Each bank needs its own original notarized affidavit.
Law: Neb. Rev. Stat. secs. 30-2723, 30-24,125, 30-24,126
Source: Official page
Surviving spouse in Nebraska
In a probate case, a surviving spouse of a person who lived in Nebraska is entitled to a homestead allowance of $20,000 and exempt property worth up to $12,500 (household furniture, cars, appliances and personal effects) for deaths before January 1, 2027; for deaths on or after January 1, 2027 the amounts are $25,000 and $17,500. The spouse and dependent children can also get a reasonable family allowance during administration. The personal representative may set the family allowance as a lump sum of up to $20,000 ($25,000 for deaths on or after January 1, 2027). A successor who takes real estate through these allowances can use the real property affidavit.
Law: Neb. Rev. Stat. secs. 30-2322 to 30-2325, as amended by Laws 2026, LB 838
Related pages
Free help in Nebraska
A court self-help center or a legal aid office can check whether the estate qualifies, free of charge or at low cost.
- Legal Aid of Nebraska
- Nebraska State Bar Association (lawyer referral)
- Nebraska Judicial Branch Self-Help: Estates
- Nebraska Judicial Branch: Affidavit for Transfer of Personal Property without Probate
- Nebraska Judicial Branch: Affidavit for Transfer of Real Property without Probate
- LawHelp.org
- Legal Services Corporation (LSC) - Find legal aid
- Eldercare Locator · 1-800-677-1116
- Consumer Financial Protection Bureau (debt collection and mortgage complaints) · (855) 411-2372