Polk County Affidavit for Transfer of Real Property without Probate Form

Additional Nebraska and Polk County documents included at no extra charge:

Where to Record Your Documents

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Cities and Jurisdictions in Polk County

Properties in any of these areas use Polk County forms:

• Osceola
• Polk
• Shelby
• Stromsburg

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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: Your property must be located in Polk County to use these forms. Documents should be recorded at the county recording office listed above.

This Affidavit for Transfer of Real Property without Probate meets all recording requirements specific to Polk County.

Our Promise

The documents you receive here are guaranteed to meet or exceed the applicable Polk County recording format requirements. If there is a rejection caused by our formatting, we will correct the issue or refund your payment. This guarantee applies to document formatting only and does not extend to information entered by the user, the selection of the form, or the legal effect of the completed document.

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