Probate is the legal process of distributing a person’s assets after death according to the provisions of the decedent’s will and the Nebraska Probate Code. Any part of the decedent’s estate that does not transfer by will is distributed pursuant to Nebraska’s laws of intestate succession. Not all property is subject to probate; assets held in a survivorship interest or a trust, property with a beneficiary designation, and small estates meeting certain criteria may avoid probate. Note: appropriate documentation, such as a death certificate or relevant affidavit, must still be recorded as proof of the transfer.
Continue reading “Transferring a Decedent’s Real Property Interest in Nebraska”Nebraska Statutory Transfer on Death Deed Options
The Nebraska Uniform Real Property Transfer on Death Act is found at Sections 76-3401 to 76-3423 of the Nebraska Revised Statutes. This useful law provides an option for land owners to convey their real estate after their death, but without the need to include it in a will.
A transfer on death deed (TODD), when lawfully executed, allows property owners to retain absolute title to and control over their land during their lives ( 76-3414). The deeds are also revocable (76-3413). In part, these features are possible because unlike traditional deeds (warranty deeds, quitclaim deeds, etc.), TODDs do not require consideration from or notice to the beneficiary ( 76-3411).
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