Nebraska Small Estate Affidavit Checker

The house is on the list here, unlike most states

Genuinely distinctive: under §§30-24,125 and 30-24,126, if the total value of all personal property (or all real property) doesn't exceed $100,000, an affidavit can transfer the property without opening a probate estate — the real property affidavit can be recorded with the register of deeds to actually clear title.

Two separate $100,000 caps, not one combined figure

Personal property and real property are each tested against their own $100,000 threshold — a $90,000 house and $90,000 in personal property can both potentially qualify, rather than being added together against a single cap.

Same conditions, both affidavits

At least 30 days must have passed since death, and no application or petition for appointment of a personal representative can be pending — the same baseline conditions apply whether it's the bank account or the house being transferred.

A TOD deed skips the affidavit question entirely

Nebraska enacted the Uniform Real Property Transfer on Death Act effective January 1, 2013 — widely used, especially for agricultural and farm property transfers, letting real property pass directly to a named beneficiary without probate at all.

Nebraska's inheritance tax still applies regardless

Using either affidavit doesn't avoid Nebraska's county-level inheritance tax — immediate family remain exempt, but remote relatives and non-relatives still owe tax based on their relationship to the decedent, however the property transfers.

Nebraska small estate — frequently asked questions

Can Nebraska's small estate affidavit actually transfer a house?

Yes — unlike most states, Nebraska's small estate affidavit can reach real property, up to $100,000, and can be recorded with the register of deeds to clear title.

What is Nebraska's threshold for personal property?

$100,000 as well, under a separate affidavit provision — personal property and real property are each tested against their own $100,000 cap, not combined into one figure.

Is the affidavit filed with a court?

No for personal property — it's presented directly to the bank, employer, or other holder. The real property affidavit is instead recorded with the county register of deeds.

What conditions must be true before using either affidavit?

At least 30 days must have passed since death, and no application or petition for appointment of a personal representative can be pending.

Does Nebraska recognize Transfer on Death deeds?

Yes — enacted effective January 1, 2013, and widely used, especially for agricultural and farm property transfers.

This calculator provides an estimate for general guidance only and is not legal advice. Figures are based on Neb. Rev. Stat. §30-24,125, 30-24,126. Actual eligibility depends on the estate's full facts. Confirm with the County Court or a licensed Nebraska attorney before acting.