Short overview: In Nebraska, a small-estate affidavit process can let a person collect a deceased person’s personal property without a full probate when the decedent’s personal property subject to administration is within the statutory limit (commonly referred to as $20,000). To know whether you can use the small-estate process, you must determine which bank accounts and other personal property count toward that limit and calculate their balances as of the date of death.

Step-by-step process to confirm whether accounts are under the small-estate limit

1. Identify which accounts actually count.
   • Count only assets that are subject to probate (i.e., that will pass through the estate). Accounts that generally do not count toward probate (and so usually do not count toward the small-estate dollar limit) include:
   • Payable-on-death (POD) or “transfer-on-death” accounts with a named beneficiary;
   • Joint accounts with right of survivorship (these typically pass to the surviving joint owner outside probate); and
   • Assets held in a valid living trust or accounts with a designated beneficiary (retirement accounts with beneficiaries, life insurance proceeds, etc.).
2. Collect documentation and obtain the date-of-death balance.
   • Ask each bank for a statement or a written certification showing the account balance on the decedent’s date of death. Banks can provide an historical balance or a ledger showing the balance on that date.
   • Gather the decedent’s bank statements (paper or online), check registers, or year-end statements.
   • If you cannot access accounts online, visit the bank in person, bring a certified copy of the death certificate, and request the account history or balance as of the date of death.
3. Determine ownership status of each account.
   • Ask the bank whether the account was titled solely in the decedent’s name, jointly with survivorship, or as POD/TOD. Banks will usually note account titling and any beneficiary records in their files.
   • If a joint owner or beneficiary is listed, request the paperwork that the bank keeps showing the titling or beneficiary designation.
4. Add up only the property subject to probate.
   • For each account that is solely in the decedent’s name and does not have a beneficiary or trust designation, use the date-of-death balance.
   • Exclude accounts that pass outside probate (POD, joint with right of survivorship, trust assets, or accounts with named beneficiaries).
5. Account for debts and secured items carefully.
   • The small-estate process and the statutory limit generally refer to the value of personal property that is subject to administration. Creditor claims may still reduce what remains for heirs, so be conservative if the totals are near the limit.
6. If totals are close to the limit, get confirmation from the court or an attorney.
   • If your calculation is near $20,000 or the account ownership is unclear, contact the county court probate clerk or an attorney licensed in Nebraska to confirm whether you can use the small-estate affidavit or whether formal probate is required.
7. Use Nebraska small-estate resources and forms.
   • Nebraska’s judicial-branch self-help pages explain small estate procedures and often provide forms. See the Nebraska Judicial Branch small estate information: https://supremecourt.nebraska.gov/self-help/probate/small-estates.
   • For the statutory framework governing probate and related procedures, consult Nebraska Revised Statutes, Chapter 30 (Probate): https://nebraskalegislature.gov/laws/statutes.php?chapter=30.

How to ask the bank (sample requests)

• “Please provide a written statement showing the account balance as of [date of death], and indicate whether the account is titled solely in the decedent’s name, as joint tenancy with right of survivorship, or as a POD/TOD account with a named beneficiary.”
• Bring a certified copy of the death certificate and photo ID when you visit the branch if the bank requires it.

Red flags that mean you should get legal help

• Accounts show ambiguous ownership language (e.g., both names but unclear survivorship rights).
• Banks refuse to release historical balance without a court order or letters.
• Multiple accounts across banks and financial institutions make totals unclear.
• Estimated probate estate value is near or over $20,000.

Helpful Hints

• Start by searching the decedent’s mail, email, and files for bank statements, tax records, and online banking login information. These speed up the process.
• Look for beneficiary designations on retirement accounts and life insurance — these usually pass outside probate and do not count toward the small-estate total.
• Joint accounts often pass to the surviving joint owner — always confirm the type of joint ownership with the bank.
• Keep copies of every bank communication and any statements showing the date-of-death balance; courts or banks may ask to see them when you use the small-estate affidavit.
• If unsure about whether an asset is “subject to administration,” call the probate clerk in the county where the decedent lived or consult a Nebraska-licensed attorney before using a small-estate affidavit.
• If the bank freezes an account, ask what documentation it will accept (small estate affidavit, certified death certificate, or letters testamentary) and whether the institution has an internal process for small estates.
• When totals are within a few hundred dollars of the limit, consider formal probate or get local court confirmation — mistakes can lead to liability if property was improperly taken from an estate.