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Nebraska Small Estate: Filing How-To

One affidavit goes to the bank, the other goes to the register of deeds — both can apply to the very same estate.

Neb. Rev. Stat. §30-24,125, 30-24,126

By the FigureMyTax Editorial Team · Reviewed 2026 · How we calculate

Quick answer: wait 30 days, confirm each category is at or under $100,000, and present the personal property affidavit to the asset holder while recording the real property one with the register of deeds. Check whether an estate qualifies with the Nebraska small estate checker.

Step by step: personal property

  1. Wait 30 days from the date of death.
  2. Confirm no application or petition for appointment of a personal representative is pending.
  3. Total the personal property against the $100,000 cap.
  4. Present the affidavit directly to the bank, employer, or other holder.

Step by step: real property

  1. Wait 30 days from the date of death.
  2. Confirm no application or petition for appointment of a personal representative is pending.
  3. Total the real property against its own, separate $100,000 cap.
  4. Record the affidavit with the county register of deeds to clear title.
Genuinely distinctive: unlike many states, this affidavit includes real property, which can be recorded with the register of deeds — a real shortcut for the house itself, not just the bank account.
Facing probate in Nebraska?

A local probate attorney can review your estate — many offer a free consultation.

Talk to a Nebraska attorney

Douglas County and Lancaster County process the highest volume of these filings, but Neb. Rev. Stat. §30-24,125 and 30-24,126 apply identically across every Nebraska county.

How-to — frequently asked questions

Where does the personal property affidavit actually go?

Directly to the bank, employer, or other holder of the property — it is not filed with any court.

Where does the real property affidavit actually go?

It's recorded with the county register of deeds, which is what actually clears title to the house — a different destination from the personal property affidavit.

Can both affidavits be used for the same estate?

Yes — since personal property and real property are each tested against their own separate $100,000 cap, an estate with both can potentially use both affidavits.

What must be confirmed before filing either affidavit?

That at least 30 days have passed since death, and that no application or petition for appointment of a personal representative is pending.

Keep going

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This page provides general guidance only and is not legal advice. Based on Neb. Rev. Stat. §30-24,125, 30-24,126. Confirm current requirements with the County Court, county register of deeds, or a licensed Nebraska attorney before acting.