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Nebraska Affidavit for Transfer of Real Property without Probate

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.

Deeds.com Nebraska Affidavit for Transfer of Real Property without Probate Forms Have Been Updated as Recently as Friday November 20, 2020

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Maria S. said: The paperwork/forms are fine, but there isn't enough explanation for me to figure out how to file the extra forms (which I do need in my case). The main form, Deed Upon Death is fine. I think the price is pretty high for these forms. I wouldn't have purchased it because there are places to get them for much cheaper (about 6 dollars), but this site had the extra forms I wanted (property in a trust and another form). Unfortunately these were included as a "courtesy" and there are no instructions for them. So three stars for being clear about what was in the package, having the right forms that I need, but instructions for putting them to use and price took a couple of stars off. Downloading was easy and once you download you can type the info into the PDF--that makes working with the forms much easier.

Reply from Staff: Thank you for the feedback Maria. Regarding the supplement documents, it is best to get assistance from the agency that requires them. These are not legal documents, they should provide full support and guidance for them.


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Nebraska Affidavit for Transfer of Real Property without Probate Form