Disclaimer: I am not a lawyer. This is general information about Nebraska law and common practice, not legal advice. For help tailored to your situation, consult a licensed Nebraska attorney or your county register of deeds.
Detailed Answer — How to re-record or update a joint survivorship deed after co-owners died under Nebraska law
When one or more co-owners named on a deed with a right of survivorship die, the surviving owner(s) usually become the sole owner(s) automatically by operation of law. However, the county land records often still show the earlier deed naming the deceased co-owner(s). To put a clear, up-to-date record in the public land records you will generally follow these steps in Nebraska:
- Confirm how title was held. Get a copy of the recorded deed from the county register of deeds to confirm the form of ownership (e.g., “joint tenants with right of survivorship,” “tenancy in common,” or language specific to a joint survivorship deed). That language controls whether survivorship applies.
- Obtain certified copies of death certificates. The register of deeds will typically require an official (certified) death certificate for each deceased co-owner to link the death to title change in the public record.
- Talk to the county register of deeds about their requirements. Recording rules and forms differ by county. Ask which documents they accept to update the title: some counties accept an “Affidavit of Death of Joint Tenant” or an “Affidavit of Survivorship” plus the death certificate; others accept a new deed signed by the surviving owner(s). The register can tell you required wording, notary and recording fee amounts.
- Prepare the appropriate document to record. Common approaches:
- Affidavit of Death/Affidavit of Survivorship: A short sworn statement signed by the surviving owner(s) that identifies the recorded deed, the deceased owner(s), the date of death(s), and states that the survivor(s) now hold title. Attach certified death certificate(s). Recording the affidavit clarifies the public record without changing how title vested.
- New deed (if you want cleaner records): The surviving owner(s) can sign and record a new deed that conveys the property from the surviving owner(s) to the surviving owner(s) as sole owner(s). This step is not always legally required but can make title work easier for sales or refinancing.
- Address mortgages, liens, and taxes first. If there is an outstanding mortgage, contact the lender. The lender’s approval may be required for some recorded changes. Check for any liens or unpaid property taxes that can affect clear title.
- Sign, notarize, and record the document. Have the affidavit or deed properly signed and notarized. Take the document and certified death certificate(s) to the county register of deeds where the property is located and record them. Pay the recording fees and request a stamped copy for your records.
- Order a title review or updated title commitment (optional but recommended). After recording, consider ordering a title abstract or updated title insurance commitment from a title company to confirm the chain of title is clear. This is especially important if you plan to sell, refinance, or borrow against the property.
- If there is no survivorship language, pursue probate or small‑estate procedures. If the deed does not create survivorship (for example, if the owners held title as tenants in common), the deceased owner’s share must pass by will or intestacy. That normally requires probate or a small‑estates affidavit under Nebraska probate rules. See Nebraska probate resources for forms and local procedures.
- Get help if the situation is contested or complex. If heirs disagree, if family transfers were informal, or if there are creditor claims or unresolved mortgages, you may need a Nebraska attorney to bring a quiet-title action or guide you through probate court.
Relevant Nebraska resources:
- Search Nebraska statutes and Chapter 76 (Property) for rules that govern real estate documents: Nebraska Revised Statutes — Chapter 76.
- Probate forms and court information from the Nebraska Judicial Branch (useful if title does not pass by survivorship): Nebraska Judicial Branch.
When automatic survivorship applies vs. when you must use probate
Automatic survivorship: If the deed expressly created a joint tenancy with right of survivorship or other survivorship/transfer language, surviving joint tenant(s) usually own the property outright on the death of a co‑owner. You can record an affidavit and death certificate to update public records.
No automatic survivorship: If the deed created tenancy in common or the ownership documents are ambiguous, the deceased owner’s share typically passes through their will or by intestate succession. In that case you will need probate, a small‑estates affidavit (when eligible), or a court order to transfer title.
Common pitfalls to avoid
- Recording only a photocopy of a death certificate — many counties require a certified copy.
- Assuming survivorship applies without reading the deed language.
- Failing to clear outstanding mortgages or tax liens before relying on recorded changes.
- Trying to re-title if heirs dispute the transfer — that can require litigation.
Helpful Hints
- Start with the county register of deeds where the property is located — they will tell you exactly what they accept for recordation and the current fee schedule.
- Bring certified death certificates and a copy of the recorded deed when you visit the register of deeds office.
- Use an affidavit if you just need to clarify public records and the surviving owner(s) do not want to execute a new deed.
- Record a new deed if you want the document of record to show only the surviving owner(s) and make future title transactions cleaner.
- Order an updated title report after recording so lenders or buyers see clear title evidence.
- If property taxes or mortgage payments are delinquent, address those before or while updating title to avoid problems later.
- When in doubt, consult a Nebraska real estate attorney — especially if there are heirs, creditors, or possible disputes.
Further reading: Review Nebraska statutory resources on property and probate at the Nebraska Legislature site: https://nebraskalegislature.gov/laws/statutes.php?chapter=76, and consult the Nebraska Judicial Branch for local probate rules: https://supremecourt.nebraska.gov.
If you want, tell me the county where the property is located and whether the recorded deed uses the words “joint tenants with right of survivorship” or similar language. I can then provide more specific next steps commonly used in that county.