Nebraska Small Estate Affidavit (Real Estate)

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Nebraska Small Estate Affidavit (Real Estate)

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Last updated April 1st, 2026

A Nebraska Small Estate Affidavit (Real Estate) allows individuals entitled to inherit real property from a deceased person to avoid probate. To qualify, the value of the real property must be no greater than $100,000. The “Affidavit for Transfer of Real Property without Probate” must be submitted with the death certificate and the last will and testament (if any).

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A Nebraska Small Estate Affidavit (Real Estate) allows individuals entitled to inherit real property from a deceased person to avoid probate. To qualify, the value of the real property must be no greater than $100,000. The “Affidavit for Transfer of Real Property without Probate” must be submitted with the death certificate and the last will and testament (if any).

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Laws

  • Maximum Estate Value: $100,000[1]
  • Mandatory Waiting Period: 30 days[2]
  • Where to File: Register of Deeds in the county where the property is located.[3]

Requirements

The following eligibility requirements must be met in order to use this affidavit[4]:
  • The value of the real property must be no greater than $100,000.
  • The claiming successor is entitled to the property, and there are no other interested persons.
  • No personal representative has been appointed, nor is there a pending application or petition.
  • A minimum of 30 days has passed since the death of the decedent.

Sources

  1. § 30-24,129(a)(1)
  2. § 30-24,129(a)(2)
  3. § 30-24,129(a)
  4. § 30-24,129