Disclaimer: This article is for informational purposes only and does not constitute legal advice.
Detailed Answer
Under Nebraska law, you can use a small estate affidavit to collect certain assets when the decedent’s personal property does not exceed $40,000 in value (Neb. Rev. Stat. § 30-24,105) or to transfer real estate valued at $100,000 or less (Neb. Rev. Stat. § 30-24,122).
To complete and file a small estate affidavit in Nebraska, gather the following key documents:
- Certified Death Certificate
Obtain a certified copy from the county vital records office. Courts require an official death certificate to prove the decedent’s passing. - Small Estate Affidavit Form
Use the statutory form or clerk-provided template. Make sure the form references either § 30-24,105 (personal property) or § 30-24,122 (real estate) as applicable. - Schedule of Assets
List each item of personal property or parcel of real estate, include approximate values or assessed values. For real property, provide legal description. - Heirship or Beneficiary Information
Identify all heirs or beneficiaries, their addresses, and their relationship to the decedent. If a will exists, attach a copy. - Renunciation or Release Statements
If any interested party renounces their right to probate or to claim assets, include a signed renunciation form or release. - Bond or Surety (if required)
In rare cases, the court may require a surety bond. Check with the county court clerk for local rules. - Notarization and Witnesses
Sign the affidavit before a Nebraska notary public. Some counties may require one or two witnesses. - Filing Fee
Prepare the appropriate filing fee for the county court where the decedent resided. Fees vary by county.
After assembling these documents, file them with the county court clerk in the county where the decedent lived. The clerk will review, record your affidavit, and issue authorization to collect or transfer the assets.
Helpful Hints
- Contact the county court clerk for a local affidavit template and fee schedule.
- Confirm the estate’s total value before proceeding to ensure you meet the small estate thresholds.
- Obtain multiple certified death certificates—banks and title companies often require original copies.
- Keep clear records of all asset appraisals or valuations to avoid disputes.
- Notify all heirs or beneficiaries before filing to reduce the chance of objections.
- Consider consulting an attorney for complex estates or when real estate titles involve liens.
- File the affidavit promptly—waiting periods can vary if a will exists or if a personal representative is appointed.