Nebraska
Nebraska Small Estate Affidavit: $100,000 Limit, Wait Time and Form
Independently fact-checked against primary sources (last audited October 8, 2026). · 17 primary sources cited on this page. How we verify our legal content
Nebraska lets a successor collect a deceased person's personal property without probate by using an affidavit under Neb. Rev. Stat. 30-24,125, when all of the decedent's personal property, wherever located and less liens and encumbrances, is worth no more than $100,000. You must wait 30 days after the death before using it.
Nothing is filed with a court for personal property: you give a signed, notarized affidavit and a certified death certificate to each bank, company or person holding the property. Nebraska also has a separate affidavit for real estate worth up to $100,000, filed with the county register of deeds. For how other states compare, see our small estate affidavit rules by state.
Information last verified on 2026-10-06. This article has not been reviewed by a licensed lawyer.
Jurisdiction scope: This article covers the Nebraska personal property affidavit under Neb. Rev. Stat. 30-24,125 and 30-24,126, the real property affidavit under 30-24,129 and 30-24,130, and the court-supervised small estate summary procedure under 30-24,127 and 30-24,128, plus the DMV vehicle affidavit and the State Treasurer's unclaimed property rules. It does not cover full probate administration, who inherits under Nebraska intestacy rules, inheritance or estate tax, or the law of any other state.
Nebraska's three small estate routes at a glance
Nebraska has two affidavits that skip court entirely, one for personal property and one for real estate, and a shortened court procedure for very small estates. Each has its own test.
| Route | Statute | Limit | Where it goes | Official form |
|---|---|---|---|---|
| Personal property affidavit | Neb. Rev. Stat. 30-24,125 | Personal property up to $100,000, less liens and encumbrances | Given to each holder; not filed with a court | CC 15:40 |
| Real property affidavit | Neb. Rev. Stat. 30-24,129 | Decedent's interest in Nebraska real estate up to $100,000 (assessed value for the year of death, less taxes and interest due) | Filed with the register of deeds | CC 15:41 |
| Summary administrative procedure | Neb. Rev. Stat. 30-24,127 and 30-24,128 | No dollar figure; the estate must not exceed allowances, administration costs, funeral and last-illness expenses | Court-appointed personal representative | Not identified |
The two affidavit limits are separate tests. The personal property figure counts personal property only, and the real property affidavit measures the decedent's Nebraska real estate on its own.
Be careful with the official form, though. The Judicial Branch's CC 15:40 form has you swear that "the value of the entire estate of the deceased" less liens and encumbrances is $100,000 or less, and its self-help page describes the route as one for estates where real property does not need to be transferred. You sign that form under penalty of perjury, so if the decedent also owned real estate and the combined total is over $100,000, talk to a lawyer before signing CC 15:40.
When can you use the personal property affidavit?
Section 30-24,125 requires that "the value of all of the personal property in the decedent's estate, wherever located, less liens and encumbrances, does not exceed one hundred thousand dollars." The figure is a flat $100,000; it is not indexed to inflation, and the statute was last amended by Laws 2025, LB85.
The affidavit must also state that "no application or petition for the appointment of a personal representative is pending or has been granted in any jurisdiction." If anyone has already started probate, in Nebraska or anywhere else, this route is closed.
The statute text does not say whether jointly owned accounts, payable-on-death or transfer-on-death assets, trust assets or life insurance count toward the $100,000. If the estate includes those, ask the holder or a lawyer how they will be treated before you sign.
How long do you have to wait?
The statute opens with the waiting period: "Thirty days after the death of a decedent, any person indebted to the decedent or having possession of tangible personal property" must pay or deliver it to the successor who presents the affidavit.
The 30 days are shown by a certified or authenticated copy of the death certificate. If the certified copy is delayed, section 30-24,125 allows an abstract of death instead.
Who can sign the affidavit?
A person claiming to be the successor signs, stating "the claiming successor's relationship to the decedent or, if there is no relationship, the basis of the successor's claim to the personal property" and that he or she is entitled to it. All persons claiming as successors swear to the affidavit.
The Nebraska Judicial Branch's self-help page adds that the person using the form must not be a creditor of the estate and that everyone with an inherited interest also signs. Read the page and the form instructions before filling it out.
Step by step: using the personal property affidavit
- Wait 30 days after the death and get certified copies of the death certificate.
- Confirm no probate is open anywhere, and add up the personal property, subtracting liens and encumbrances, to confirm it is $100,000 or less. (The official form asks about the entire estate; see the note above.)
- Get the official form. The Nebraska Judicial Branch publishes CC 15:40, Affidavit for Transfer of Personal Property without Probate, on its personal property affidavit self-help page.
- Sign before a notary. The court says the form "must be signed in the presence of a notary."
- Give an original notarized affidavit to each holder of property (each bank, broker or other holder), with the death certificate.
- Do not file it with a court. The Judicial Branch says: "Do not file the Affidavit for Transfer of Personal Property with a court." Because nothing is filed, there is no court filing fee. Notary fees are capped by Neb. Rev. Stat. 33-133 (for example, $2 for taking an affidavit and seal and $5 for an acknowledgment).
What the personal property affidavit can collect
Section 30-24,125 reaches debts owed to the decedent and tangible personal property, and it requires holders to deliver "an instrument evidencing a debt, obligation, stock, or chose in action." In practice that covers money in bank accounts, items someone else is holding, and similar property in the decedent's name.
The statute also requires a transfer agent to re-register securities in the successor's name, and lets the successor endorse checks payable to the decedent or the estate.
Final paychecks. The research behind this page did not find a separate Nebraska statute for collecting a deceased worker's final wages. Ask the employer whether it will pay wages owed to the decedent on the 30-24,125 affidavit.
Vehicles and motorboats. The Nebraska DMV uses its own Affidavit for Transfer of Decedent's Vehicle/Motorboat, which cites section 30-24,125. Section 30-24,125(d) applies the same affidavit requirement to titled all-terrain vehicles, utility-type vehicles and minibikes. According to the DMV transfer of ownership page, it works when the title is in the decedent's name alone and total personal property, net of liens and claims, is $100,000 or less, and 30 days have passed since the death. The successor's signature must be notarized. Submit the affidavit with the title (if available) and the death certificate to the County Treasurer in the county where the successor lives, with a $10.00 titling fee; an odometer disclosure is needed if there is no title.
Unclaimed property. The Nebraska State Treasurer's FAQ says claims under $500 can be made online and claims over $500 need a notarized claim form. An heir claiming on behalf of an estate must mail "a notarized claim form, a photocopy of your Driver's License, Social Security card, documentation of your right to act as a representative of the estate, and a copy of the original owner's death certificate." The FAQ does not name the 30-24,125 affidavit, so ask the Treasurer's office whether it will accept it as that documentation. See our Nebraska unclaimed property guide for the search and claim process.
Transferring a house: the real property affidavit
The personal property affidavit does not move land. Section 30-24,129, "Succession to real property by affidavit," is a separate route for real estate.
The limit. It applies when "the value of the decedent's interest in all real property in the decedent's estate located in this state does not exceed one hundred thousand dollars." The value comes "from the value of the property shown on the assessment rolls for the year in which the decedent died less real estate taxes and interest thereon if any is due at the time of death." The statute does not mention subtracting a mortgage.
The conditions. The same 30-day wait and death certificate apply. The affidavit must state that no application or petition to appoint a personal representative is pending or has been granted in Nebraska, and that the claiming successor "has made an investigation and has been unable to determine any subsequent will." It describes the real property and the decedent's interest in it. It must also state that no other person has a right to the decedent's interest in the property and give the value of the entire estate subject to probate. The court's CC 15:41 form is written for property the decedent owned alone and is signed in front of a notary.
Who signs. "The affidavit shall be signed by all persons claiming as successors or by parties legally acting on their behalf." Successors may claim through the homestead allowance, exempt property or family allowance, through intestate succession, or under a will, in which case a copy of the will is attached.
Where it goes. The affidavit is filed with the register of deeds of a county where the land lies, not with a court. If the decedent owned Nebraska land in more than one county, the affidavit and death certificate "shall also be recorded by the claiming successor in any other county in this state" where the property lies.
The form. The Judicial Branch publishes CC 15:41, Affidavit for Transfer of Real Property without Probate, on its real property affidavit self-help page. That page notes that "A separate Form 521 from the Nebraska Department of Revenue may be required." Ask the register of deeds what it needs and what its recording fee is; recording fees are not set in the affidavit statute.
Protection after recording. Under section 30-24,130, the successor has "the same protection as a distributee who has received a deed of distribution from a personal representative." Buyers and lenders who deal with the successor are protected, but liens on the property remain enforceable. To look up the deed and assessed value, see our Nebraska property records guide.
Liability and false affidavits
The holder is protected. Under section 30-24,126, a person who pays or delivers property on the affidavit is discharged as if dealing with a personal representative and does not have to look into whether the affidavit is true.
The person who collects is not. The same section says: "Any person to whom payment, delivery, transfer or issuance is made is answerable and accountable therefor to any personal representative of the estate or to any other person having a superior right." If a later personal representative or an heir with a better claim appears, you may have to account for what you took.
Creditors. Section 30-24,125 does not list paying the decedent's debts or funeral costs as a condition of using the affidavit. That does not make the debts disappear. The Judicial Branch self-help page says your liability to creditors is limited to the value of what you inherited, and that "A creditor can not recover from you for a debt of the deceased after (1) three years after the decedent's death or (2) one year after distribution of the inherited property, whichever date is later."
Medicaid. If the decedent received Medicaid at age 55 or older, or while living in a medical institution with no reasonable expectation of returning home, Neb. Rev. Stat. 68-919 makes that cost a debt the Department of Health and Human Services can recover from the estate, including personal property. Recovery waits until after any surviving spouse's death and does not apply while a child under 21, or a blind or totally and permanently disabled child, survives. Anyone with an interest in the decedent's assets can ask the department to certify whether reimbursement is due.
Perjury. Affiants acknowledge that "any false statement may subject the person or persons to penalties relating to perjury under section 28-915." Sign only what you know to be true.
When to use the summary procedure or full probate instead
If the estate is too large for the affidavits, someone has already petitioned for appointment of a personal representative, or the heirs disagree, the estate needs a court proceeding. Our Nebraska probate guide explains that process.
Summary administrative procedure (30-24,127). This is a court route, not an affidavit. After a personal representative is appointed and prepares an inventory and appraisal, the procedure is available when "the value of the entire estate, less liens and encumbrances, does not exceed homestead allowance, exempt property, family allowance, costs and expenses of administration, reasonable funeral expenses, and reasonable and necessary medical and hospital expenses of the last illness." In that case the personal representative, "without giving notice to creditors, may immediately disburse and distribute the estate."
The allowances that set this ceiling are changing. Laws 2026, LB838, operative July 18, 2026, amended them by date of death:
| Allowance | Deaths before January 1, 2027 | Deaths on or after January 1, 2027 | Statute |
|---|---|---|---|
| Homestead allowance | $20,000 | $25,000 | Neb. Rev. Stat. 30-2322 |
| Exempt property | $12,500 | $17,500 | Neb. Rev. Stat. 30-2323 |
The family allowance and the expense items are not fixed dollar amounts in these sections.
Closing by sworn statement (30-24,128). The personal representative closes a summary estate "by filing with the court, at any time after disbursement and distribution of the estate, a verified statement," and sends a copy to all distributees and known unpaid creditors. If no proceedings involving the personal representative are pending one year after the closing statement is filed, the appointment terminates. The research for this page did not locate a dedicated court form for this statement; check the Judicial Branch estates self-help center or ask the probate court clerk.
Related
- Small estate affidavit rules by state
- Nebraska probate process
- Nebraska unclaimed property
- Nebraska property records
Disclaimer: This article provides general legal information about Nebraska's small estate affidavits and summary probate procedure under Neb. Rev. Stat. 30-24,125 through 30-24,130, verified on 2026-10-06. It is not legal advice. For help with a specific estate, contact the probate court clerk or the Nebraska Judicial Branch self-help center, a legal aid office, or a lawyer licensed in Nebraska.
Last updated: 2026-10-06.
Frequently Asked Questions
What is the small estate limit in Nebraska?
$100,000 of personal property, wherever located, after subtracting liens and encumbrances (Neb. Rev. Stat. 30-24,125). Nebraska real estate has its own separate $100,000 limit under section 30-24,129. Note that the official CC 15:40 form asks you to swear the value of the entire estate, less liens and encumbrances, is $100,000 or less.
How long after death can I use a small estate affidavit in Nebraska?
30 days after the death. Both the personal property affidavit (30-24,125) and the real property affidavit (30-24,129) start with the words “Thirty days after the death of a decedent.”
Does a Nebraska small estate affidavit need to be filed with the court?
No. The Nebraska Judicial Branch tells users not to file the personal property affidavit (CC 15:40) with a court; you give an original notarized copy to each holder. The real property affidavit is filed with the county register of deeds, not a court.
Can I transfer a house with a small estate affidavit in Nebraska?
Not with the personal property affidavit. Section 30-24,129 provides a separate affidavit for Nebraska real property worth up to $100,000, measured from the assessment rolls for the year of death less real estate taxes and interest then due.
Where do I get the Nebraska small estate affidavit form?
The Nebraska Judicial Branch self-help center publishes CC 15:40 (Affidavit for Transfer of Personal Property without Probate) and CC 15:41 (Affidavit for Transfer of Real Property without Probate).
How do I transfer a car title in Nebraska without probate?
Use the DMV's Affidavit for Transfer of Decedent's Vehicle/Motorboat when the vehicle is titled in the decedent's name alone and total personal property is $100,000 or less. Submit it, notarized, with the title if available and the death certificate to the County Treasurer where you live, with the $10.00 titling fee.
Can creditors come after me if I collect property with a Nebraska affidavit?
Yes, within limits. The Judicial Branch self-help page says your liability for the decedent's debts is capped at the value you inherited, and that a creditor cannot recover after the later of three years after death or one year after distribution.
Updates
Independently fact-checked against the cited primary sources
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
Nebraska Revised Statutes, Chapter 30: DECEDENTS' ESTATES; PROTECTION OF PERSONS AND PROPERTY
§ 30-24,125Collection of personal property by affidavitIn forcecited in 2 of our articles
(a) Thirty days after the death of a decedent, any person indebted to the decedent or having possession of tangible personal property or an instrument evidencing a debt, obligation, stock, or chose in action belonging to the decedent shall make payment of the indebtedness or deliver the tangible personal property or an instrument evidencing a debt, obligation, stock, or chose in action to a person claiming to be the successor of the decedent upon being presented 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 one hundred thousand dollars; (2) thirty days have elapsed since the death of the decedent as shown in a certified or authenticated copy of the decedent's death certificate, or in the event of a delay in the production of a certified death certificate, an abstract of death as defined in section 71-601.01, attached to the affidavit; (3) the claiming successor's relationship to the decedent or, if there is no relationship, the basis of the successor's claim to the personal property; (4) the person or persons claiming as…
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at nebraskalegislature.gov
Also relied on in: Nebraska Probate and Intestate Succession: What Happens Without a Will (2026)
§ 30-24,126Effect of affidavitIn force
The person paying, delivering, transferring, or issuing personal property or the evidence thereof pursuant to affidavit is discharged and released to the same extent as if he dealt with a personal representative of the decedent. He is not required to see to the application of the personal property or evidence thereof or to inquire into the truth of any statement in the affidavit. If any person to whom an affidavit is delivered refuses to pay, deliver, transfer, or issue any personal property or evidence thereof, it may be recovered or its payment, delivery, transfer, or issuance compelled upon proof of their right in a proceeding brought for the purpose by or on behalf of the persons entitled thereto. Any person to whom payment, delivery, transfer or issuance is made is answerable and accountable therefor to any personal representative of the estate or to any other person having a superior right.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at nebraskalegislature.gov
§ 30-24,129Succession to real property by affidavitIn forcecited in 2 of our articles
(a) Thirty days after the death of a decedent, any person claiming as successor to the decedent's interest in real property in this state may file or cause to be filed on his or her behalf, with the register of deeds office of a county in which the real property of the decedent that is the subject of the affidavit is located, an affidavit describing the real property owned by the decedent and the interest of the decedent in the property. The affidavit shall be signed by all persons claiming as successors or by parties legally acting on their behalf and shall be prima facie evidence of the facts stated in the affidavit. The affidavit shall state: (1) the value of the decedent's interest in all real property in the decedent's estate located in this state does not exceed one hundred thousand dollars.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at nebraskalegislature.gov
§ 30-24,130Effect of affidavitIn force
(a) A successor named in an affidavit under section 30-24,129 shall have the same protection as a distributee who has received a deed of distribution from a personal representative as provided in section 30-24,106. (b) A purchaser of real property from or lender to a person named as a successor in an affidavit under section 30-24,129 shall have the same protection as a person purchasing from or lending to a distributee who has received a deed of distribution from a personal representative as provided in section 30-24,108. (c) Nothing in this section affects or prevents any proceeding to enforce any mortgage, pledge, or other lien upon the real property described in the affidavit.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at nebraskalegislature.gov
§ 30-24,127Small estates; summary administrative procedureIn force
If it appears from the inventory and appraisal that the value of the entire estate, less liens and encumbrances, does not exceed homestead allowance, exempt property, family allowance, costs and expenses of administration, reasonable funeral expenses, and reasonable and necessary medical and hospital expenses of the last illness of the decedent, the personal representative, without giving notice to creditors, may immediately disburse and distribute the estate to the persons entitled thereto and file a closing statement as provided in section 30-24,128.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at nebraskalegislature.gov
§ 30-24,128Small estates; closing by sworn statement of personal representativeIn force
(a) Unless prohibited by order of the court and except for estates being administered by supervised personal representatives, a personal representative may close an estate administered under the summary procedures of section 30-24,127 by filing with the court, at any time after disbursement and distribution of the estate, a verified statement stating that: (1) to the best knowledge of the personal representative, the value of the entire estate, less liens and encumbrances, did not exceed homestead allowance, exempt property, family allowance, costs and expenses of administration, reasonable funeral expenses, and reasonable and necessary medical and hospital expenses of the last illness of the decedent; (2) the personal representative has fully administered the estate by disbursing and distributing it to the persons entitled thereto; and (3) the personal representative has sent a copy of the closing statement to all distributees of the estate and to all creditors or other claimants of whom he is aware whose claims are neither paid nor barred and has furnished a full account in writing of his administration to the distributees whose interests are affected.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at nebraskalegislature.gov
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Sources and References
- Neb. Rev. Stat. 30-24,125, Collection of personal property by affidavit(nebraskalegislature.gov).gov
- Nebraska Judicial Branch, Affidavit for Transfer of Personal Property without Probate (CC 15:40) self-help page(supremecourt.nebraska.gov).gov
- Nebraska DMV, Transfer of ownership (Affidavit for Transfer of Decedent's Vehicle/Motorboat)(dmv.nebraska.gov).gov
- Nebraska State Treasurer, Unclaimed Property FAQ(treasurer.nebraska.gov).gov
- Neb. Rev. Stat. 30-24,129, Succession to real property by affidavit(nebraskalegislature.gov).gov
- Nebraska Judicial Branch, Affidavit for Transfer of Real Property without Probate (CC 15:41) self-help page(supremecourt.nebraska.gov).gov
- Neb. Rev. Stat. 30-24,130, Effect of real property affidavit(nebraskalegislature.gov).gov
- Neb. Rev. Stat. 30-24,126, Effect of personal property affidavit(nebraskalegislature.gov).gov
- Neb. Rev. Stat. 30-24,127, Small estates; summary administrative procedure(nebraskalegislature.gov).gov
- Neb. Rev. Stat. 30-2322, Homestead allowance(nebraskalegislature.gov).gov
- Neb. Rev. Stat. 30-2323, Exempt property(nebraskalegislature.gov).gov
- Neb. Rev. Stat. 30-24,128, Small estates; closing by sworn statement(nebraskalegislature.gov).gov
- Nebraska Judicial Branch, Estates self-help center(supremecourt.nebraska.gov).gov
- Neb. Rev. Stat. 33-133, Notary public fees(nebraskalegislature.gov).gov
- Neb. Rev. Stat. 68-919, Medical assistance recovery(nebraskalegislature.gov).gov
- Nebraska Judicial Branch, CC 15:40 Affidavit for Transfer of Personal Property without Probate (form)(supremecourt.nebraska.gov).gov
- Nebraska Judicial Branch, CC 15:41 Affidavit for Transfer of Real Property without Probate (form)(supremecourt.nebraska.gov).gov
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