Disclaimer: This article provides general information on Nebraska heirship affidavits. It is not legal advice. Consult an attorney for guidance specific to your situation.
Detailed Answer
An affidavit of heirship is a sworn statement listing the heirs of a person who died without formal probate administration. Many Nebraska counties accept such affidavits to clear title to real property when no formal probate is open. While Nebraska statutes focus on summary assignment procedures for personal property under Neb. Rev. Stat. §§30-2466 and 30-2467 (see §30-2467), the affidavit of heirship fills a similar role for real estate.
Step 1: Confirm Eligibility
- Decedent died intestate (no will).
- No open probate or administration pending.
- Property is real estate needing title clearance.
Step 2: Gather Required Information
- Decedent’s full name, date of death, last residence.
- Complete legal description and parcel identification number of the property.
- Names, addresses, and relationships of all heirs at law (spouse, children, parents, siblings, etc.).
- Supporting documents: death certificate, marriage certificates, birth certificates, and any prior deeds.
Step 3: Draft the Affidavit
Your affidavit should include:
- Venue clause: County and state where the affidavit is signed.
- Decedent statement: Name, death date, and residency facts.
- Heir listing: A clear list of each heir’s full name, address, and relationship.
- Property description: The legal description exactly as it appears on the recorded deed.
- Conclusion: A sworn statement that the facts are true under penalty of perjury.
Step 4: Notarize and Attach Documents
- Sign the affidavit before a Nebraska notary public.
- Attach a certified copy of the decedent’s death certificate.
- Attach certified copies of any documents that verify heir relationships (e.g., birth or marriage records).
Step 5: Record with the County Register of Deeds
- Submit the original notarized affidavit and attachments to the county register of deeds where the property is located.
- Pay the recording fee, which varies by county.
- Obtain a certified copy of the recorded affidavit for your records.
Helpful Hints
- Use consistent spelling and dates across all documents to avoid recording delays.
- Verify the legal description with a recent title report or the county assessor’s office.
- Keep copies of all documents in case the recorder’s office needs resubmissions.
- If any heir cannot be located, consider a publication notice or consult an attorney before proceeding.
- Review Neb. Rev. Stat. §30-2466 for small estate affidavits related to personal property.