Nebraska Small Estate Affidavit (Form CC 15:40)
The Nebraska Small Estate Affidavit (for Transfer of Personal Property without Probate) is a one-page legal document that authorizes a person (called the “successor”) with the power to acquire the belongings and non-material assets (the “estate”) of a recently deceased family member (the “decedent”), so long the deceased person’s total estate is not valued at more than $50,000. The form is a fast-track option that permits the filer of the document to “go around” the standard probate process. It is used in situations where the deceased person’s belongings are in the possession of institutions or entities that otherwise would not give them up (banks, for example). If there are several different properties, separate affidavits may need to be executed to address each claim. Each and every affidavit must be completed in accordance with the given guidelines and be signed in the presence of a Notary Public.
The State of Nebraska Judicial Branch demands that the instructions for completing a Nebraska Small Estate Affidavit must be read before completing the form.
Laws & Required Conditions
Maximum Estate Value: $50,000
Required Conditions: The Affidavit, of which must only concern personal property (and not real property), must state:
- It has been a minimum of thirty (30) days since the decedent’s death. This must be proven by affixing a certified or authenticated copy of the decedent’s death certificate to the affidavit.
- The nature of the relationship the claiming successor/s had with the decedent. In the case there is no relationship, an explanation must be given regarding their rightful claim to the estate.
- The claiming successor/s “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.”
- No pending application for or existing personal representative has been appointed.
- The claiming successor/s are entitled under the law to the estate.
Additionally, the affidavit must be signed by “all persons claiming as successors or by parties legally acting on their behalf and shall be prima facie evidence of the facts stated in the affidavit.” The signing must take place before a Notary Public.