Record the affidavit under the Nebraska Probate 30-24,129 to transfer a decedent's real property without probate when certain criteria are met. The affidavit must be recorded in each county in which the real property described within the affidavit is located, along with a certified copy of the decedent's death certificate.

The affiant, or person executing the affidavit, is the successor in interest to the decedent's real property described in the affidavit, or an agent legally acting on the successor's behalf.

Statutory requirements stipulate that the affidavit state that total value of the decedent's real estate interests is $50,000.00 or less; thirty (30) days have passed since the decedent's death, as evidenced by a certified copy of the death certificate; there is no personal representative or pending petition for appointment of a personal representative; the successor is entitled to receive the property through a homestead, exempt property, or family allowance, or by devise or intestate succession; the successor has made an investigation and was unable to determine a subsequent will; and no other person has a right to the interest of the subject property. In addition, the successor's relationship to the decedent, the total value of the decedent's estate, and a complete legal description of the subject parcel is required. Each successor in interest to the subject property must sign the affidavit in the presence of a notary public.

See https://supremecourt.nebraska.gov/self-help/estates/affidavit-transfer-real-property-without-probate for more information. Consult an attorney with questions regarding affidavits to collect real property outside of probate, or any other issue related to probate or decedent's property in Nebraska.

(Nebraska Affidavit Package includes form, guidelines, and completed example)

Important: County-Specific Forms

Our affidavit for transfer of real property without probate forms are specifically formatted for each county in Nebraska.

After selecting your county, you'll receive forms that meet all local recording requirements, ensuring your documents will be accepted without delays or rejection fees.

How to Use This Form

Select your county from the list above
Download the county-specific form
Fill in the required information
Have the document notarized if required
Record with your county recorder's office

Common Uses for Affidavit for Transfer of Real Property without Probate

Transfer property between family members
Add or remove names from property titles
Transfer property into or out of trusts
Correct errors in previously recorded deeds
Gift property to others

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