Nebraska Small Estate Affidavit Form

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Nebraska Small Estate Affidavit Form

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Last updated April 1st, 2026

A Nebraska small estate affidavit allows eligible successors to obtain the personal property of a deceased person and avoid probate. The form can collect assets as soon as 30 days after the date of death if the estate is valued at $100,000 or less. In Nebraska, the document is called an “Affidavit for Transfer of Personal Property without Probate (CC 15:40)”.

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A Nebraska small estate affidavit allows eligible successors to obtain the personal property of a deceased person and avoid probate. The form can collect assets as soon as 30 days after the date of death if the estate is valued at $100,000 or less. In Nebraska, the document is called an “Affidavit for Transfer of Personal Property without Probate (CC 15:40)”.

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Laws

  • Maximum Estate Value: $100,000[1]
  • Mandatory Waiting Period: 30 days[2]
  • Where to File: Not required in Nebraska.

How to Use (3 Steps)

Step 1 – Verify Requirements 

In Nebraska, an estate can be transferred to heirs and successors without a formal probate action if the following requirements are met[3]:
  • The value of the estate is $100,000 or less, not counting liens and encumbrances.
  • 30 days have passed from the date of death.
  • No application or petition to appoint a personal representative has been issued or is pending.
  • The claiming party is entitled to the estate property.

Step 2 – Complete The Affidavit

A successor to the decedent’s property will complete the Affidavit for Transfer of Personal Property without Probate, have it notarized, and attach the death certificate.

If transferring ownership of a vehicle titled in the decedent’s name alone, the affiant must complete an Affidavit for Transfer of Decedent’s Vehicle/Motorboat and file it with the Department of Motor Vehicles.

Step 3 – Obtain Property

A signed and notarized affidavit must be given to each party currently possessing or controlling the decedent’s property. The property holder is then obligated to deliver the property to the affiant or, in the case of money owed, make payment to the affiant for the amount of indebtedness.[4]

Sources

  1. § 30-24,125(a)(1)
  2. § 30-24,125(a)(2)
  3. § 30-24,125(a)
  4. § 30-24,126