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)

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

What Others Like You Are Saying

— Christine H.

"Easy to use. Customer service is very responsive!"

— Glenda C.

"It was easy to find what I was looking for. The instructions were easy to follow. The example given …"

— David T.

"This is a great service and terrific value. The form package provided (blank form, example form &amp…"

— Gertrude H.

"I used this form and guide a couple years ago and found it helpful and easy to fill out. Had good re…"

— gene h.

"Had used website while working as Land Rep for major oil company (retired 2.5 years ago). Recently h…"

Common Uses for Affidavit for Transfer of Real Property without Probate

Facilitate the sale of trust-held real estate
Record a trust's ownership interest with the county
Transfer property to a successor trustee
Sell estate property to satisfy debts or obligations
Establish a trust's interest in real property for public record
Convey property from an estate to a buyer

Compare other Nebraska deed forms and documents

Quitclaim Deed Gift Deed Warranty Deed Special Warranty Deed Grant Deed Correction Deed Easement Deed Termination of Easement Transfer on Death Deed Transfer on Death Revocation Affidavit of Death Trustee Deed for Inter Vivos Trust Personal Representative Deed of Sale Personal Representative Deed of Distribution Notice of Right to Assert a Lien Owner Notice of Commencement Contractor Notice of Commencement Notice of Termination Published Notice of Termination Notice of Termination Affidavit Construction Lien Construction Lien Amendment Construction Lien Assignment Construction Lien Release Partial Conditional Lien Waiver Partial Unconditional Lien Waiver Final Conditional Lien Waiver Final Unconditional Lien Waiver Mineral Deed Mineral Deed with Quitclaim Deed of Trust Assignment of Deed of Trust Deed of Full Reconveyance for Deed of Trust Land Contract Memorandum of Land Contract Full Release of Memorandum of Land Contract Certificate of Trust Disclaimer of Interest Notice of Lis Pendens Release of Notice of Lis Pendens

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.

Back to Nebraska Forms