Nebraska Small Estate Affidavit

Updated August 3, 2026. Quick answer: Nebraska lets a small estate be settled with a sworn affidavit, usable 30 days after death, and it is presented straight to the bank or holder — no court filing. Real estate: not under this affidavit, which covers personal property only. A separate real-property affidavit under §30-24,129 is filed with the county register of deeds 30 days after death, where the decedent’s interest in all Nebraska real property does not exceed $100,000.

The verdicts

What the statute actually says

Thirty days after the death of a decedent, any person indebted to the decedent or having possession of tangible personal property or an instrument evidencing a debt, obligation, stock, or chose in action belonging to the decedent shall make payment of the indebtedness or deliver the tangible personal property or an instrument evidencing a debt, obligation, stock, or chose in action to a person claiming to be the successor of the decedent upon being presented an affidavit made by or on behalf of the successor stating: … (4) the person or persons claiming as successors under the affidavit swear or affirm that all statements in the affidavit are true and material and further acknowledge that any false statement may subject the person or persons to penalties relating to perjury under section 28-915;

— Neb. Rev. Stat. §30-24,125

The dollar limit

$100,000 — collection of personal property by affidavit where all personal property (less liens/encumbrances) does not exceed $100,000; 30-day wait (Neb. Rev. Stat. §30-24,125). Verified on nebraskalegislature.gov.

All 51 limits, compared.

The form

We did not locate an official free state form. That does not mean none exists — many states publish forms through individual county or probate offices rather than a single statewide page, and several court websites blocked automated access entirely. Ask the probate court or register of wills in the county where the person lived before paying anyone for a form.

The waiting period is the part that voids transfers

Using the instrument before its waiting period has run is the most common way one of these fails. A bank can refuse it, and a transfer made on a defective affidavit can be unwound — with the person who signed it personally exposed, because these are sworn statements made under penalty of perjury. Wait the full period and count from the date of death.

What could not be verified

nebraskajudicial.gov self-help probate page returned 404, so no official form URL was confirmed. “Swear or affirm” language suggests but does not explicitly state a notarization requirement.

When this route is the wrong one

• The estate is over the limit. Full administration applies, and using the small-estate route anyway does not make it valid.
• There is real estate and this route does not reach it. A house needs the instrument that can actually transfer title.
• Someone disputes it. These procedures assume agreement; a contested estate belongs in front of a judge.
• Debts exceed assets. Paying the wrong creditor first can make you personally liable.

Related: how the process works, step by step · affidavit versus summary administration.

General information drawn from state statutes and official court materials, not legal advice. Probate and small-estate procedure is STATE law and differs in every state; thresholds, waiting periods and forms change, and every figure here is sourced and dated. Using the wrong instrument, or using one before its waiting period has run, can make a transfer ineffective and can expose the person who signs the affidavit to personal liability. We are not a law firm and we sell no forms.