Nebraska Small Estate Affidavit
In Nebraska a successor can use a small estate affidavit to collect a decedent's personal property when all personal property is $100,000 or less and 30 days have passed since death. Attorney review available.
Introduction
In Nebraska a small estate affidavit is a statement, sworn under penalty of perjury, that lets a decedent's successor gather personal property, for example a savings account, a last paycheck, or a brokerage account, without a formal probate administration. The controlling section is Nebraska Revised Statutes Section 30-24,125. The successor presents the affidavit to whoever owes the decedent money or holds the property, and that party pays or delivers it on the spot. Nebraska attaches a document requirement that many states do not spell out: the affidavit ties the 30-day statement to a certified or authenticated copy of the decedent's death certificate, and if that certificate is delayed, an abstract of death may stand in. Beyond the 30 days, the route is open only when all of the personal property in the estate, wherever located, after liens and encumbrances, is worth $100,000 or less, a figure that counts every account and item rather than the single asset being claimed. The successor also swears that no personal representative is pending or appointed anywhere and that they are entitled to the property. Real property is left to a separate Nebraska procedure. DocDraft prepares your Nebraska affidavit from your answers, with attorney review available before you sign.
Key Things to Know
- 1
A Nebraska small estate affidavit is a statement sworn under penalty of perjury that lets a decedent's successor gather personal property, for example a savings account, a last paycheck, or a brokerage account, without a formal probate administration.
- 2
The affidavit is available only when the value of all of the personal property in the decedent's estate, wherever located, less liens and encumbrances, does not exceed $100,000 (Neb. Rev. Stat. Section 30-24,125).
- 3
It may not be used until at least 30 days have elapsed since the death of the decedent, as shown in a certified or authenticated copy of the death certificate (Neb. Rev. Stat. Section 30-24,125).
- 4
The $100,000 figure measures all of the personal property in the estate, not just the single asset the successor is trying to collect.
- 5
The affidavit must state that no application or petition for the appointment of a personal representative is pending or has been granted in any jurisdiction, and that the claiming successor is entitled to payment or delivery of the property.
- 6
A certified or authenticated copy of the death certificate supports the 30-day statement; if a certified certificate is delayed, an abstract of death may be used instead.
- 7
The affidavit is sworn under penalty of perjury that all statements in it are true and material, and it reaches personal property only, so real property is handled through a separate Nebraska procedure.
Key decisions before you file
Before you file a Small Estate Affidavit in Nebraska, a few decisions shape the document: which option to choose and what each one means. The Small Estate Affidavit guide walks through them.
Open the Small Estate Affidavit guideCustomize your Small Estate Affidavit Template with DocDraft
Once your Small Estate Affidavit is ready, you can check whether it needs to be notarized in Nebraska in about a minute, and notarize it online through DocDraft if it does.
Nebraska Requirements for Small Estate Affidavit
In Nebraska a small estate affidavit may not be used until at least 30 days have elapsed since the death of the decedent, as shown in a certified or authenticated copy of the death certificate (Neb. Rev. Stat. Section 30-24,125).
The affidavit is available only when the value of all of the personal property in the decedent's estate, wherever located, less liens and encumbrances, does not exceed $100,000 (Neb. Rev. Stat. Section 30-24,125). This is an all-personal-property test, not a per-asset test.
The Section 30-24,125 affidavit reaches personal property only, such as debts owed to the decedent, bank accounts, wages, and securities, and counts only personal property toward the $100,000 limit. A Nebraska estate that includes real property is handled through a separate procedure rather than this affidavit.
The affidavit must state that no application or petition for the appointment of a personal representative is pending or has been granted in any jurisdiction (Neb. Rev. Stat. Section 30-24,125). If probate has already been opened, the affidavit is not available.
The affidavit must state that the claiming successor is entitled to payment or delivery of the property (Neb. Rev. Stat. Section 30-24,125). It is made by or on behalf of a person claiming to be the successor of the decedent.
A certified or authenticated copy of the decedent's death certificate supports the 30-day statement (Neb. Rev. Stat. Section 30-24,125). If production of a certified death certificate is delayed, an abstract of death may be used instead.
A Section 30-24,125 affidavit is presented directly to the person indebted to the decedent or holding the personal property, not filed with a court first. The holder pays or delivers the property upon being presented the affidavit.
The affidavit is sworn or affirmed under penalty of perjury that all statements in it are true and material (Neb. Rev. Stat. Section 30-24,125). The successor who receives property remains answerable to any personal representative later appointed or person with a superior right, so do not sign if the facts are uncertain.
Does your Small Estate Affidavit need to be notarized in Nebraska?
Whether a Small Estate Affidavit needs to be notarized depends on your state. Upload yours, pick your state, and get the current rule with the official source behind it, free and with no account. If yours does need a notary, online notarization is part of your DocDraft plan.
Check my Small Estate AffidavitFrequently Asked Questions
It is a statement sworn under penalty of perjury, authorized by Nebraska Revised Statutes Section 30-24,125, that lets a decedent's successor gather personal property without a formal probate. The successor confirms that at least 30 days have passed since the death, backed by a certified or authenticated death certificate, and that all of the personal property is worth $100,000 or less after liens and encumbrances, then hands the affidavit to whoever owes or holds the property. For a modest Nebraska estate it is usually the quickest and least expensive route.
A Nebraska probate runs through the county court, which appoints a personal representative and supervises the gathering of assets, payment of debts, and distribution for months. The affidavit under Neb. Rev. Stat. Section 30-24,125 avoids that appointment entirely: the successor signs one sworn statement and collects the personal property directly from the holder. It works only within limits, namely that all of the personal property is worth $100,000 or less and that no personal representative has been appointed anywhere.
The value of all of the personal property in the decedent's estate, wherever located, less liens and encumbrances, must not exceed $100,000 (Neb. Rev. Stat. Section 30-24,125). This is a whole-personal-property test, not a per-asset test, so the successor adds up every account and item of personal property. If that total is above $100,000, the affidavit is not available and the estate generally goes through probate in the county court instead.
At least 30 days must have elapsed since the death of the decedent before the affidavit may be used, as shown in a certified or authenticated copy of the death certificate (Neb. Rev. Stat. Section 30-24,125). If a certified certificate is delayed, an abstract of death may be used to show the date. If fewer than 30 days have passed, the person who owes or holds the property can decline to release it, so the waiting period is a firm requirement in Nebraska.
Yes. Nebraska ties the 30-day statement to a certified or authenticated copy of the decedent's death certificate (Neb. Rev. Stat. Section 30-24,125). If production of a certified death certificate is delayed, an abstract of death may be used instead. This is different from Montana, whose collection-by-affidavit statute does not itself require a death certificate, so a Nebraska successor should obtain the certificate before presenting the affidavit.
No. The Section 30-24,125 affidavit reaches personal property only, such as debts owed to the decedent, bank accounts, wages, and securities. It counts only personal property toward the $100,000 limit. A Nebraska estate that includes real property is handled through a separate Nebraska procedure or a fuller probate, rather than through this personal-property affidavit.
Under Neb. Rev. Stat. Section 30-24,125 the affidavit must state that all of the personal property is worth $100,000 or less after liens and encumbrances; that 30 days have elapsed since the death, shown in a certified or authenticated death certificate; that no personal representative is pending or appointed in any jurisdiction; and that the claiming successor is entitled to the property. It is made by or on behalf of the successor and sworn under penalty of perjury that all statements are true and material.
The affidavit is sworn under penalty of perjury that all statements in it are true and material (Neb. Rev. Stat. Section 30-24,125), so signing it when the facts are uncertain carries real exposure. If the value is misstated, or a will or another heir surfaces, the successor who received property can be called to account by a personal representative or a person with a superior right. When an estate is near the $100,000 limit or includes real property, it is worth confirming the right Nebraska process first.