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Small estate affidavit in Nebraska (2026)

In Nebraska, heirs can collect up to $100,000 without probate with a sworn affidavit (Affidavit for collection of personal property (Neb. Rev. Stat. 30-24,125)). You must wait 30 days after the death. Real estate: separate procedure (up to $100,000). Last checked .

Nebraska at a glance

Affidavit cap
$100,000
Value counted
Net value (after liens and encumbrances)
Waiting period
30 days
If there is a will
Can still be used
File with a court
No
Real estate
Separate procedure (up to $100,000)
Court shortcut
Summary administrative procedure for small estates (personal representative closes by sworn statement)

Can you use it?

Enter the date of death and the value. Nothing you type leaves your browser.

Enter the date of death and the value

    Nebraska cap for this date of death

    $100,000

    A worked example for Nebraska

    Say a parent who lived in Nebraska died on March 1, 2026, leaving $80,000 in a bank account in their name only and no house. $80,000 is within the $100,000 cap for that date of death, so the family can use the affidavit from March 31, 2026.

    The rules in Nebraska

    • The affidavit. A successor gives a sworn, notarized affidavit with a certified death certificate (or abstract of death) to the bank, debtor or holder of the property, who must pay or deliver it. It is not filed with a court.
    • Cap. Personal property worth $100,000 or less after liens. The cap was raised from $50,000 by LB1124 (Laws 2022); the statute has no date-of-death rule.
    • What counts. All personal property in the estate, wherever located, less liens and encumbrances.
    • What doesn't count. Real property is not part of this affidavit (separate real-property affidavit). The statute lists no other exclusions; non-probate assets (joint, POD/TOD) are not estate property.
    • Waiting period. 30 days after the date of death, shown by a certified death certificate or abstract of death attached to the affidavit.
    • Conditions. No application or petition for a personal representative may be pending or granted in any jurisdiction. The successor must be entitled to the property and swears to the facts under penalty of perjury. The court page says creditors of the estate cannot use it and all who inherited must sign or no one else may have a right to the property.
    • Who can sign. A person claiming to be the successor (by will or by intestate succession), or someone acting on the successor's behalf.
    • Court filing. No court filing. The affidavit is signed before a notary and handed to the holder of the property.

    Houses, land and vehicles

    • Real estate. Separate Affidavit for Transfer of Real Property without Probate (CC 15:41): 30 days after death, if the decedent's Nebraska real property is worth $100,000 or less (assessed value for the year of death less unpaid real estate taxes). All claiming successors sign; it is filed with the register of deeds in each county where the land is. The cap was raised from $50,000 by LB1195 (Laws 2024). The court page says a separate Department of Revenue Form 521 may be required.
    • Vehicles. If personal property is $100,000 or less after liens and 30 days have passed, a successor files the DMV Affidavit for Transfer of Decedent's Vehicle/Motorboat with the county treasurer, attaching the death certificate.

    When the affidavit isn't enough

    Once a personal representative is appointed, if the estate less liens does not exceed the homestead allowance, exempt property, family allowance, administration costs, funeral costs and last-illness medical costs, the representative may distribute without notice to creditors and file a closing statement. No fixed dollar cap.

    Good to know in Nebraska

    • The person receiving property is accountable to any later personal representative or anyone with a superior right (30-24,126).
    • Per the court self-help page, a successor's liability to creditors is limited to the value inherited; creditors cannot recover after the later of 3 years from death or 1 year after distribution.
    • Real-property affidavit form: CC 15:41 (https://supremecourt.nebraska.gov/sites/default/files/CC-15-41.pdf).
    • LB85 (2025) added the abstract-of-death option; it did not change the $100,000 cap.

    Official help and forms

    Sources

    Legal information, not legal advice. Caps and forms change — confirm with the court or the statute before you sign. How we check: methodology.

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