How to Avoid Probate in Nebraska

Non-probate options include: transfer on death deeds for real estate (Neb. Rev. Stat. §§ 76-3401 and following); transfer-on-death (TOD) beneficiaries on vehicle titles and survivorship ('OR' or 'With Rights of Survivorship') vehicle titles; revocable trusts (§ 30-3854); affidavits for personal property when the personal estate is $100,000 or less (§ 30-24,125); and affidavits for real property worth $100,000 or less (§ 30-24,129).

Personal property: 30 days after death, a successor may collect money, bank accounts, stock, vehicles and other personal property by affidavit if the value of all personal property in the estate, less liens, is $100,000 or less, no personal representative has been applied for or appointed, and a certified death certificate is attached. The affidavit is signed before a notary and given to whoever holds the property (it is not filed with the court). Real estate: 30 days after death, successors may record an affidavit with the register of deeds if the deceased's Nebraska real estate is worth $100,000 or less (based on the assessed value for the year of death, less taxes owed), with a death certificate and any will attached.

Yes. A transfer on death deed must be signed by the owner and witnessed by two or more disinterested witnesses, with all signatures made before a notary or other officer using the statutory form. It must have the elements of a recordable deed, state that the transfer happens at death, include the statutory warnings (inheritance tax, Medicaid and creditor liability; deeds made after September 3, 2025 need an added property-insurance warning), and be recorded with the county register of deeds within 30 days after signing and before the owner's death. The owner needs the same capacity as for a will.