Do I Need a Transfer on Death Deed in Nebraska?

Answer a few questions about the property to see whether a transfer on death deed applies for avoiding probate on real estate.

Frequently Asked Questions

Yes. Nebraska allows transfer on death deeds.Neb. Rev. Stat. 76-3401 to 76-3424Verified Jul 13, 2026 The deed transfers real property to a named beneficiary at death without probate. See how this compares to a trust with the probate calculator.

A transfer on death deed in Nebraska requires a sworn officer's certificate (subscribed and sworn before an officer authorized to administer oaths) and 2 witnesses. The signed deed must be recorded at the register of deeds before death to be effective. Must be recorded within thirty days after execution AND before the transferor's death in the office of the register of deeds in the county where the property is located. Neb. Rev. Stat. 76-3410(a)(4).Neb. Rev. Stat. 76-3401 to 76-3424Verified Jul 13, 2026

Yes. A transfer on death deedis revocable at any time during the owner's lifetime. Revocation methods in Nebraska include: Recording a subsequent TOD deed that revokes expressly or by inconsistency (acknowledged after the deed being revoked; recorded before the transferor's death), Recording an instrument of revocation executed with the same formalities as Neb. Rev. Stat. 76-3409 (acknowledged after the deed being revoked; recorded before the transferor's death), Recording an inter vivos deed that expressly or by inconsistency revokes the TOD deed (acknowledged after the deed being revoked; recorded before the transferor's death), Recording an inter vivos deed to a bona fide purchaser that expressly or by inconsistency revokes the TOD deed (acknowledged after the deed being revoked; recorded before the later of thirty days after execution or the transferor's death).Neb. Rev. Stat. 76-3401 to 76-3424Verified Jul 13, 2026

Nebraska allows transfer on death deeds for all types of real property, including homes, land, condominiums, and commercial properties.Neb. Rev. Stat. 76-3401 to 76-3424Verified Jul 13, 2026

Yes. Nebraska allows multiple beneficiaries on a transfer on death deed. If multiple beneficiaries are named, they take title as tenants in common unless the deed specifies otherwise.Neb. Rev. Stat. 76-3401 to 76-3424Verified Jul 13, 2026

A transfer on death deed transfers the property directly to the beneficiary at death, bypassing probate for that asset. Other assets not covered by a TOD deed, trust, or beneficiary designation still go through probate. Use the Nebraska probate calculator to estimate the cost of probating remaining assets.

Nebraska Estate Planning Resources

In-depth guides covering Nebraska probate laws, trust requirements, and estate planning strategies.