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Nebraska Small Estate Affidavit | Form CC 15:40

A Nebraska small estate affidavit enables the transfer of personal property from a deceased person to an heir or beneficiary outside of the traditional probate process. The form allows someone entitled to the property of a decedent to collect it more quickly than by undergoing probate.
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How to File (4 steps)

1. Wait 30 Days

The person who fills out the form, known as the “affiant,” must wait at least 30 days before getting the affidavit notarized.

2. Assess Estate

Documenting the personal property being claimed will be helpful for multiple reasons. Examine the individual property, determine its worth, and verify that everything together is valued at less than $100,000. Motor vehicles are eligible for transfer of ownership through the affidavit process. Still, it requires obtaining a new title through the Department of Motor Vehicles and using a specific affidavit. If the affiant is uncertain whether the decedent had a will, it’s possible to check with the local probate court using this Court Locator.

3. Fill Out the Form

Only those with a right to claim personal property may fill out an affidavit. Consult the will of the decedent to see which individual is entitled to specific property and assets. If the decedent died intestate, meaning without a will, then rely on Nebraska’s rules for intestate succession. Depending on how the estate is distributed, it may be necessary to fill out the form multiple times. In each instance, the form should be filled out in the presence of a notary.

4. Collect the Property

Once the affidavit has been completed, it may be presented to the person or entity holding the property to which the affiant is entitled. It’s recommended that the affidavit be kept in a safe place for at least a year after the property has been collected.

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