{"id":119,"date":"2017-07-18T11:49:19","date_gmt":"2017-07-18T11:49:19","guid":{"rendered":"https:\/\/www.deeds.com\/articles\/?p=119"},"modified":"2024-04-25T23:21:09","modified_gmt":"2024-04-26T03:21:09","slug":"transferring-a-decedents-real-property-interest-in-nebraska","status":"publish","type":"post","link":"https:\/\/www.deeds.com\/articles\/transferring-a-decedents-real-property-interest-in-nebraska\/","title":{"rendered":"Transferring a Decedent\u2019s Real Property Interest in Nebraska"},"content":{"rendered":"\n

Probate\nis the legal process of distributing a person\u2019s assets after death according to\nthe provisions of the decedent\u2019s will and the Nebraska Probate Code. Any part\nof the decedent\u2019s estate that does not transfer by will is distributed pursuant\nto Nebraska\u2019s laws of intestate succession. Not all property is subject to\nprobate; assets held in a survivorship interest or a trust, property with a\nbeneficiary designation, and small estates meeting certain criteria may avoid\nprobate. Note: appropriate documentation, such as a death certificate or\nrelevant affidavit, must still be recorded as proof of the transfer.<\/p>\n\n\n\n\n\n\n\n

When\nthe decedent has died, his or her will must be proved in the County Court of\nthe Nebraska county wherein he or she resided at the time of death. If a\ndecedent died intestate (without a will), an interested person (Neb. Rev. Stat.\n\u00a7 30-2209(21)) may petition for probate and grant of letters. Petition for\ninformal or formal probate depends on the specific situation, and will\ndetermine how large a role the court plays in decisions made concerning the\nestate.<\/p>\n\n\n\n

Neb.\nRev. Stat. \u00a7 30-2412 establishes the priority among persons seeking appointment\nas personal representative. In some states, the personal representative may be\nreferred to as an executor (when named by the decedent\u2019s will) or an\nadministrator (when selected by the court), though Nebraska prefers the general\nterm \u201cpersonal representative\u201d (\u201cPR\u201d). Administration of the estate officially commences\nwith the court-ordered appointment of the PR (\u00a7 30-2403). The court issues\nLetters as proof of the appointment. <\/p>\n\n\n\n

By\noperation of law, a decedent\u2019s property devolves unto devisees under a will, or\nheirs when there is no testamentary disposition, \u201csubject to homestead\nallowance, exempt property and family allowance, to rights of creditors,\nelective share of the surviving spouse, and to administration\u201d (30-2401). As\nproof of the transfer, however, the will must be probated or an affidavit under\n\u00a7 30-24, 129, if applicable, must be recorded (\u00a7 30-2402). Successors in\ninterest may file the affidavit to transfer real property without probate when\nthe value of the decedent\u2019s real property interests is less than $50,000.00.<\/p>\n\n\n\n

The\npersonal representative has the same authority over the estate\u2019s assets as an\nabsolute owner, unless otherwise restricted by the decedent\u2019s will or by court\norder under formal probate (\u00a7 30-2472). To pay the estate\u2019s debts and\nadministrative expenses, to fulfill a court order or provision of the\ndecedent\u2019s will, or to facilitate distribution of the estate, the PR may need\nto sell real property and execute a personal representative\u2019s deed. <\/p>\n\n\n\n

The\nPR deed is named for the office of the grantor and transfer\u2019s title to the\npurchaser with a covenant that the PR has legal power and lawful authority to\nconvey. PR deeds typically recite the decedent\u2019s name and the case number\nassigned to the estate by the court, and expressly state that the grantor is\nexecuting the deed in a representative capacity. They must meet all\nrequirements of form and content for documents pertaining to interest in real\nproperty in the State of Nebraska. The deed is signed by the PR and recorded in\nthe appropriate county\u2019s Register of Deeds office.<\/p>\n\n\n\n

After\nvalid debts, claims on the estate by creditors, and administrative expenses\nhave been paid, the PR may distribute the decedent\u2019s property to devisees under\na will and\/or the decedent\u2019s rightful heirs. As evidence of the distributee\u2019s\nsuccession to the decedent\u2019s interest, the PR records a deed of distribution. The\ndeed of distribution is nearly identical to a standard PR deed, except that no\nconsideration is made by the grantee for the conveyance.<\/p>\n\n\n\n

All deeds in Nebraska require Form 521 (Real Estate Transfer Form) and any applicable documentary stamp tax paid at time of recording (or a certificate of exemption).<\/p>\n\n\n\n

Related Nebraska Probate Documents:<\/p>\n\n\n\n