These instructions and forms are a product of the Nebraska Supreme Court’s Implementation Committee on Pro Se Litigation and are provided as a public service to people who wish to transfer personal property without probate when the deceased has limited assets.
NOTE: THE SUPREME COURT DOES NOT REPRESENT THAT THESE INSTRUCTIONS AND FORMS WILL BE APPROPRIATE IN EVERY CASE. ANY QUESTIONS YOU MAY HAVE REGARDING THE USE OF THE INSTRUCTIONS AND FORMS SHOULD BE DIRECTED TO A LAWYER.
Although these instructions and forms were developed to assist people who are handling their own legal matters, the Supreme Court’s Implementation Committee on Pro Se Litigation urges anyone thinking of handling their own case to consider getting a lawyer to help with their case.
Facts about the Transfer of Real Property without Probate Form
The affidavit for Transfer of Real Property without Probate may be used to transfer real property of the deceased, without probate, where:
- you are entitled to the real property by the will of the deceased and have not located or are not aware of another will
- you are entitled to the real property by reason of homestead allowance, exempt property allowance, family allowance, or by intestate succession (distribution of property according to marriage and descent when there is no valid will)
- thirty days or more have passed since death
- no other person has a right to the interest of the deceased in the real property
- the value of all the deceased’s real property in Nebraska is $50,000.00 or less, based upon the value of the property as shown on the assessment rolls for the year in which the deceased died less real estate taxes and interest on the real estate taxes if any is due at the time of death
- there is not a Personal Representative, application for Personal Representative, or petition for Personal Representative
- anyone else who has inherited an interest in the real property also signs the affidavit
If you want to transfer personal property without probate proceedings, please see the Affidavit for Transfer of Personal Property without Probate (CC 15:40). If you want to transfer title to a motor vehicle, you must provide the Department of Motor Vehicles a statement of value of any motor vehicle transferred from the County Assessor of the Decedent's residence.
For more information, please see the following:
What to do with the completed Affidavit for Transfer of Real Property without Probate
You must file the affidavit with the register of deeds office of the county in which the real property of the deceased is located and also file, in any other county in Nebraska in which the real property of the deceased that is subject to the affidavit is located, the recorded affidavit and a certified or authenticated copy of the deceased’s death certificate.
Affidavit for Transfer of Real Property without Probate, CC 15:41