Nebraska Estate Planning Resources
In-depth guides covering Nebraska probate laws, trust requirements, and estate planning strategies.
In-depth guides covering Nebraska probate laws, trust requirements, and estate planning strategies.
Complete Nebraska's official CC 15:40 Affidavit for Transfer of Personal Property without Probate for estates up to $100,000. Neb. Rev. Stat. §§ 30-24,125, 30-24,126.
Step 1 of 5
The Nebraska affidavit identifies the claiming successor and the basis of entitlement.
The decedent's state. Only states where this tool prepares the affidavit are listed; other states' pages explain their procedure.
The successor signing the affidavit.
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Yes — CC 15:40 Affidavit for Transfer of Personal Property without Probate. This tool completes the official form with the estate, successor, and property details.
$100,000, per Neb. Rev. Stat. §§ 30-24,125, 30-24,126. This tool checks the entered estate value against the limit and does not prepare an affidavit for an estate over it.
30 days after the death (Neb. Rev. Stat. §§ 30-24,125, 30-24,126). The affidavit states that the waiting period has elapsed, so it cannot be signed earlier.
A person claiming to be the successor of the decedent — the affidavit is 'made by or on behalf of the successor' — 30 days after the decedent's death. The affidavit must state 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. Neb. Rev. Stat. § 30-24,125(a).
The 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, with the certified death certificate (or abstract of death) attached to the affidavit. A transfer agent of a security must change registered ownership on presentation; a financial institution accepting a check, draft, or negotiable instrument endorsed by the claiming successor is discharged (§ 30-24,125(b)-(c)). Motor vehicle / motorboat / ATV / UTV / minibike title transfers additionally go through the Department of Motor Vehicles (§ 30-24,125(d)).
The Nebraska affidavit is signed before a notary (Neb. Rev. Stat. § 30-24,125(a)(4) (swear or affirm; § 28-915 perjury acknowledgment); CC 15:40 acknowledgment block (judge / clerk of the court / notary public)).
A person paying, delivering, transferring, or issuing property pursuant to the affidavit is discharged and released to the same extent as if dealing with a personal representative, with no duty to inquire into the truth of any statement; refusal may be compelled in a proceeding by or on behalf of the persons entitled. The recipient is answerable and accountable to any personal representative or other person having a superior right (§ 30-24,126).
The § 30-24,125 affidavit reaches personal property only, with its $100,000 cap measuring all personal property in the estate. Real property has its own SEPARATE affidavit: under Neb. Rev. Stat. § 30-24,129, thirty days after death a claiming successor may record an affidavit with the register of deeds of each county where the real property lies, when the decedent's interest in all Nebraska real property does not exceed $100,000 (assessment-roll value, less real estate taxes due); it requires its own eight statutory elements, including that the successor investigated for a later will, that no other person has a right to the interest, and the § 28-915 perjury acknowledgment, with the will attached if claiming by devise. Neb. Rev. Stat. §§ 30-24,125(a)(1), 30-24,129.
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