How to Decide Which Assets to List on a Nebraska Small Estate Affidavit
Short answer
List only the decedent’s assets that are: (1) owned solely in the decedent’s name at the time of death, (2) personal property (not real estate) that is subject to the small-estate procedure, and (3) within the statutory limits for Nebraska small-estate affidavits. Do not list assets that pass outside probate by operation of law (for example, jointly owned property with right of survivorship, payable-on-death or beneficiary-designated accounts, and most life insurance or retirement accounts payable to a named beneficiary). When in doubt, document the asset and mark its ownership type (sole, joint, beneficiary) rather than putting an arbitrary zero.
Detailed answer — what to include and what to leave out
This guidance explains how to decide what to put on a Nebraska small estate affidavit and how to treat items you may be tempted to leave blank or list as zero. This is general information, not legal advice.
1. Understand what a small estate affidavit in Nebraska covers
Small estate procedures are designed to let an eligible person collect or transfer certain personal property of a decedent without formal probate. These procedures typically cover only personal property (bank accounts, personal possessions, certain vehicle titles), not real estate. The procedure and eligibility limits are set by Nebraska law and court rules, so confirm the current rules before filing. For general state guidance see the Nebraska Judicial Branch small estates resources: https://supremecourt.nebraska.gov/self-help/wills-estates/small-estates. For statutory context, consult Nebraska statutes for probate matters (Chapter 30): https://nebraskalegislature.gov/laws/browse-statutes.php?chapter=30.
2. Assets you generally should list on the affidavit
- Solely owned bank or brokerage accounts in the decedent’s name (include account numbers and approximate balances). If the account has a POD/transfer-on-death beneficiary, note that fact; most custodians will not allow collection under a small estate affidavit if the account has a designated beneficiary.
- Personal property with value such as vehicles titled solely in the decedent’s name, household goods, jewelry, and other tangible personal property the decedent owned outright. Include VIN or a description and estimated fair market value.
- Debts owed to the decedent (promissory notes) that are solely in the decedent’s name, where collection will pass through the estate.
- Any other items the holder (bank, creditor, or third party) asks you to list to establish your right to collect.
3. Assets you usually should NOT list as estate assets (and how to show them)
- Jointly owned property with right of survivorship — do not include as a probate asset. Instead, list it as jointly held and note the type of joint ownership. The surviving owner typically becomes the sole owner by operation of law.
- Accounts or policies with named beneficiaries (life insurance, retirement accounts, bank accounts with POD/beneficiary designations). These pass outside probate. Note the existence of beneficiary designations rather than trying to collect them through the affidavit.
- Real estate — usually not transferable through a small estate affidavit. If the decedent owned real property, you will typically need formal probate, a transfer-on-death deed, or another specific process. Indicate real property separately and do not attempt to use the small estate affidavit to transfer title.
- Assets held in a trust — do not list trust property as estate assets. Contact the trustee and reference the trust document.
4. When you see “blank” or “zero” fields — what to do
Do not put “zero” for an asset that exists unless it truly has zero value. If a form asks for the value and you cannot reasonably determine it, put a good-faith estimate and note that it is an estimate. If the form has optional fields not applicable to the decedent, leave them blank or mark them “N/A”. If an asset exists but passes outside probate, list it and write the ownership/beneficiary status rather than inventing a zero value. Honest, clear notes prevent confusion and reduce the risk of later disputes.
5. Document ownership, value, and how the asset passes
For each item you list, include:
- Ownership type: sole ownership, joint tenancy with right of survivorship, tenancy in common, payable-on-death, trust property, or beneficiary designation.
- Account or identifying number (bank account, VIN, policy number).
- Approximate value and the date of that valuation or note that it is estimated.
- Any supporting documents: account statements, title, policy, or beneficiary designation forms.
6. Examples (hypotheticals)
Example A: The decedent had $8,000 in a personal checking account in their sole name. You should list the account with the balance. If the account had a named POD beneficiary, note that instead of claiming it as estate property.
Example B: The decedent and spouse held a house as joint tenants with right of survivorship. Do not list the house as an estate asset for the affidavit; instead note the joint ownership and consult the county records division or an attorney regarding transfer of the deed.
Example C: The decedent had a $50,000 payable-on-death brokerage account naming a child as beneficiary. Record the account and beneficiary on your working inventory, but expect the custodian to transfer directly to the beneficiary rather than through the affidavit.
7. When to consult an attorney
Consult an attorney if:
- Ownership is unclear (for example, accounts in a decedent’s business name, or property titled in another person’s name).
- There are disputes among heirs or potential claimants.
- The estate includes real property, significant assets, or potential creditors’ claims.
- You are unsure whether an item is probate property or passes outside probate.
8. Practical filing tips
- Collect documentation before you file: death certificate, account statements, titles, and beneficiary forms.
- Check the current Nebraska small-estate rules and limits on the Nebraska Judicial Branch website before you proceed: https://supremecourt.nebraska.gov/self-help/wills-estates/small-estates.
- When contacting banks or agencies, ask whether they accept a small estate affidavit and what they require to release funds or transfer property.
Helpful Hints
- Start with an inventory worksheet: list every account, title, and policy and note ownership type and beneficiary status.
- If an asset has a named beneficiary, treat it as outside probate for the affidavit even if you plan to list it for transparency.
- Do not use the small estate affidavit to try to clear title on real estate—seek formal probate or a deed transfer procedure instead.
- Be truthful and conservative in value estimates. Overstating values can create legal problems later.
- Keep copies of everything you submit and any responses from banks or government agencies.
- If a bank or title agency refuses the affidavit, ask for a written statement of the reason so you can correct the issue or pursue another procedure.