Nebraska Small Estate Affidavit | Form CC 15:40

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Updated July 05, 2022

A Nebraska small estate affidavit enables the transfer of personal property from a person who has died to an heir or beneficiary, outside of the traditional probate process.  The form, also known as an ‘Affidavit for Transfer of Personal Property without Probate’, allows someone entitled to the property of a decedent to collect more quickly than would otherwise be possible. There are, however, a number of limitations on the usage of the affidavit, including a state-set maximum on the size of the estate it may be used with.

Laws

How to File (4 steps)

Step 1 – Wait 30 Days

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

Step 2 – Assess Estate

It will be helpful for multiple reasons to document the personal property being claimed. Examine the personal property, determine how much it is worth, and verify that everything together is valued at less than $50,000. Motor vehicles are eligible for transfer of ownership through the affidavit process, but it requires obtaining a new title through the Department of Motor Vehicles and the use of 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.

Step 3 – Fill out the Form

Only those with a right to the personal property being claimed may fill out an affidavit. Consult the will of the decedent to see which individual is entitled to certain property and assets. If the decedent died intestate, meaning without a will, then rely on Nebraska’s rules for intestate succession. Claiming successors entitled to real property by devise under the will of the decedent must file the affidavit with a copy of such will attached. 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.

Step 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. For at least a year after the property has been collected, it’s recommended to maintain the affidavit in a safe place.

Video

How to Write

Download: Adobe PDF

(1) Name Of Nebraska County. Define the Nebraska County where this petition will be executed and filed. Place this information at the top of the page.

(2) Nebraska Affiant. The Nebraska Affiant will be required to produce his or her notarized signature to complete this paperwork. Therefore, deliver the full name of the Party executing this petition to the space provided.

(3) Nebraska Decedent’s Name. Verify that it has been at least thirty days since the death of the Nebraska Decedent by supplementing the declaration made in the first article with the Nebraska Decedent’s full name.

(4) Value Of Nebraska Decedent Estate Less Liens. Report the summed total of the Nebraska Decedent’s property (after the estate has paid its Creditors). It is important that this figure (the total worth of the Nebraska Decedent’s estate) is less than $50,000.00. If the total value of the Nebraska Decedent’s property exceeds $50,000.00 after the entitled Creditors have been paid, then the estate may be disqualified from being considered a small estate by the State of Nebraska and the Affiant is encouraged to seek an Attorney.

(5) Nebraska Decedent Name. The complete name of the Nebraska Decedent is required to complete the language of the fifth article.

(6) Affiant Relationship To Nebraska Decedent. The way the Affiant is related to the Nebraska Decedent should be documented.

(7) Affiant Signature Date. The Nebraska Affiant must supply the current calendar date immediately before signing his or her name.

(8) Nebraska Affiant Signature. Once the current date has been established, the Nebraska Affiant must sign his or her name as a licensed Notary Public observes.

(9) Address Of Nebraska Affiant. A record of the Nebraska Affiant should also be furnished to this paperwork when he or she signs it.

(10) Notary Public. The Nebraska Notary Public will complete the final area once he or she has engaged and completed the notarization process.