All Laws Decoded

Small Estate Affidavit in Nebraska

How to collect a loved one's property in Nebraska without full probate: the dollar limit, waiting period and official form.

Short answer: 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… Neb. Rev. Stat. §§ 30-24,125, 30-24,129

Small estate affidavitPersonal 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.
Real estate affidavit: https://nebraskalegislature.gov/laws/statutes.php?statute=30-24,129. Both sections were amended several times recently (most recently Laws 2025, LB85 and Laws 2024, LB1195). Court forms CC 15:40 and CC 15:41.
Simplified probateIf the inventory shows the whole estate, less liens, is no more than the homestead allowance, exempt property, family allowance, administration costs, reasonable funeral expenses, and last-illness medical expenses, the personal representative may distribute it without notice to creditors and close by sworn statement. Nebraska also allows informal probate and appointment without a hearing.
Deadline for creditor claimsClaims that arose before death must be presented within 2 months after the first published notice to creditors (a late creditor may ask the court within 60 days after that deadline for up to 30 more days for good cause). If proper notice is never given, the limit is 3 years after death. Claims arising after death generally must be presented within 4 months after they arise.

Official forms

More Nebraska estate law

FAQ

What is the small estate limit in Nebraska?
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.
Is there a simplified probate process in Nebraska?
If the inventory shows the whole estate, less liens, is no more than the homestead allowance, exempt property, family allowance, administration costs, reasonable funeral expenses, and last-illness medical expenses, the personal representative may distribute it without notice to creditors and close by sworn statement. Nebraska also allows informal probate and appointment without a hearing.
How long do creditors have to file claims against an estate in Nebraska?
Claims that arose before death must be presented within 2 months after the first published notice to creditors (a late creditor may ask the court within 60 days after that deadline for up to 30 more days for good cause). If proper notice is never given, the limit is 3 years after death. Claims arising after death generally must be presented within 4 months after they arise.

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.