Affidavit of Heirship in Nebraska
Whether Nebraska lets heirs prove inheritance of real estate by affidavit or court determination of heirship, and who inherits.
Short answer: Yes, for smaller estates. Thirty days after death, a person claiming as successor to the decedent's Nebraska real property may record an affidavit with the register of deeds where the property is located, signed by all claiming successors, if the decedent's interest in all Nebraska real… Neb. Rev. Stat. § 30-24,129
| Affidavit / determination of heirship | Yes, for smaller estates. Thirty days after death, a person claiming as successor to the decedent's Nebraska real property may record an affidavit with the register of deeds where the property is located, signed by all claiming successors, if the decedent's interest in all Nebraska real property is worth no more than $100,000 (based on the assessment rolls for the year of death, less taxes due) and no personal representative has been applied for or appointed. The affidavit must attach a certified death certificate (and the will, if claiming under one), describe the property, and state the successor's relationship and entitlement; it is prima facie evidence of the facts stated. Court form: Affidavit for Transfer of Real Property without Probate (CC 15:41). Source: Neb. Rev. Stat. § 30-24,129 |
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| Who inherits without a will | Surviving spouse takes everything if the deceased left no children/descendants and no parents. If there are no descendants but a parent survives, or if all descendants are also the spouse's, the spouse takes the first $150,000 plus one-half of the rest. If any descendant is not the spouse's, the spouse takes one-half. The rest goes to descendants; if none, to parents; then to brothers and sisters and their descendants; then half to paternal and half to maternal grandparents or their descendants; then to next of kin. The spouse's share was amended by Laws 2026, LB838, operative July 18, 2026; deaths before that date may be governed by the earlier version. Rules for other heirs: https://nebraskalegislature.gov/laws/statutes.php?statute=30-2303 |
More Nebraska estate law
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- Small Estate Affidavit in Nebraska
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- Quitclaim Deeds and Transferring Property in Nebraska
- Who Inherits If You Die Without a Will in Nebraska
- How to Make a Valid Will in Nebraska
- How Probate Works in Nebraska
- Living Wills and Advance Directives in Nebraska
- Revocable Living Trusts in Nebraska
- Executor Duties in Nebraska
- Letters Testamentary in Nebraska
- How to Avoid Probate in Nebraska
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- All Nebraska wills, probate and estate rules
FAQ
Does Nebraska have an affidavit of heirship?
Yes, for smaller estates. Thirty days after death, a person claiming as successor to the decedent's Nebraska real property may record an affidavit with the register of deeds where the property is located, signed by all claiming successors, if the decedent's interest in all Nebraska real property is worth no more than $100,000 (based on the assessment rolls for the year of death, less taxes due) and no personal representative has been applied for or appointed. The affidavit must attach a certified death certificate (and the will, if claiming under one), describe the property, and state the successor's relationship and entitlement; it is prima facie evidence of the facts stated.
Who inherits if someone dies without a will in Nebraska?
Surviving spouse takes everything if the deceased left no children/descendants and no parents. If there are no descendants but a parent survives, or if all descendants are also the spouse's, the spouse takes the first $150,000 plus one-half of the rest. If any descendant is not the spouse's, the spouse takes one-half. The rest goes to descendants; if none, to parents; then to brothers and sisters and their descendants; then half to paternal and half to maternal grandparents or their descendants; then to next of kin.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.