Hamilton County Affidavit for Transfer of Real Property without Probate Form (Nebraska)

The following Nebraska and Hamilton County supplemental forms are included as a courtesy with your order:

When using these Affidavit for Transfer of Real Property without Probate forms, the subject real estate must be physically located in Hamilton County. The executed documents should then be recorded in the following office:

Local jurisdictions located in Hamilton County include:

• Aurora
• Giltner
• Hampton
• Hordville
• Marquette
• Phillips

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)

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The documents you receive here will meet, or exceed, the Hamilton County recording requirements for formatting. If there's an issue caused by our formatting, we'll make it right and refund your payment.

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