Laws
- Days After Death – May be filed once 30 days have passed since the decedent’s death.[1]
- Maximum Amount ($) – The estate’s total value, less liens and encumbrances, shall not exceed more than $100,000.[2]
- Real Estate – A separate form is necessary if the decedent’s estate contains real property — land and fixtures.[3]
- Vehicles/Motorboats—An individual seeking to transfer a certificate of title to a motor vehicle, motorboat, all-terrain vehicle, utility-type vehicle, or minibike must provide the Department of Motor Vehicles with an affidavit under § 30-24,125. The DMV has published an affidavit for this specific use.
- Signing Requirements – Must be notarized.
- Statutes –Probate of Wills and Administration (Ch. 30, Art. 24), Part 12. Collection of Personal Property by Affidavit
How to File (4 steps)
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.