Affidavit for Transfer of Personal Property without Probate

Affidavit for Transfer of Personal Property without Probate

Facts about the Transfer of Personal Property without Probate Form


If you have inherited personal property, like a bank account, stocks, certificates of deposit, or vehicle, you may be able to get the property transferred to you without filing a probate action. For small estates, an affidavit can be presented to the person or entity who has the property to show that you are entitled to the property. You may have inherited the property because of the terms of a will, or under the Nebraska probate code based on your relationship with the deceased.
The Affidavit for Transfer of Personal Property without Probate may be used to collect personal property of the deceased, without probate, where:

  • the fair market value of the entire estate of the deceased, less liens and encumbrances (everything the deceased owned minus everything the deceased owes) is $50,000.00 or less
  • thirty days or more have passed since death
  • you are not a creditor to the estate
  • there is not a Personal Representative, application for Personal Representative, or petition for Personal Representative and
  • ownership of real property (such as land) does not need to be transferred.
  • No other person has a right to the property or everyone who has inherited an interest in the property also signs the affidavit.

Your liability to any creditors’ of the deceased can not be more than the value of any property you inherit. A creditor can not recover from you for a debt of the deceased after (1) three years after the decedent’s death or (2) one year after distribution of the inherited property, whichever date is later.

Forms

Affidavit for Transfer of Personal Property without Probate, CC 15:40

The Affidavit for Transfer of Personal Property without Probate form must be signed in the presence of a notary.  Do NOT sign the document UNTIL A NOTARY IS PRESENT AND WITNESSES YOU SIGNING THE DOCUMENT.  Be sure to include the date you signed the document.

What to do with the completed Affidavit for Transfer of Personal Property without Probate

If you are entitled to property (bank account, stocks, personal items, etc.) of a deceased person, you give the affidavit to each person having or controlling possession of personal property belonging to the deceased.  You may need more than one affidavit if there are several accounts or different property – each must have an original signature and be individually notarized. 

Do not file the Affidavit for Transfer of Personal Property with a court.  It is very important to keep the form in a secure place where it will not be damaged.  Additionally, it is very important to remember where the affidavit is located, for future reference.  You must give a form to each person from whom you are obtaining property.    

For more information, please see the following:

If you want to transfer title to a motor vehicle, please refer to the instructions from the Department of Motor Vehicles found on this page: https://dmv.nebraska.gov/dvr/title/transfer-ownership.

If you want to transfer real property without probate proceedings, please see the Affidavit for Transfer of Real Property without Probate (CC 15:41).