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A Nebraska transfer on death deed is an estate planning tool that allows a property owner (the transferor) to choose a beneficiary to receive real estate upon their death. During the transferor’s lifetime, they retain their property rights and may convey or encumber the real estate without limitation. They may also terminate the deed at any point by recording a revocation instrument. Upon the transferor’s death, their property passes to the beneficiary without the need for probate administration.
A transfer on death deed must be recorded with the Register of Deeds prior to the transferor’s death and within thirty (30) days after being executed. These same recording requirements apply to a revocation instrument made by the transferor.
- Statutes: Chapter 76 (Real Property) & §§ 76-3401 – 76-3423 (Nebraska Uniform Real Property Transfer on Death Act)
- Formatting: § 23-1503.01 & § 76-3410
- Signing Requirements (§ 76-3409) : Notary Public and Two (2) Disinterested Witnesses
- Where to Record: Register of Deeds
- Recording Fees (§ 33-109): $10 for the first page + $6 for each additional page
- Forms:
- Death Certificate: The transferor’s death certificate must be recorded with the Register of Deeds.
- Real Estate Transfer Statement (Form 521): After the transferor’s death, the beneficiary must provide this form to the Register of Deeds alongside the transferor’s death certificate.