Affidavit for Transfer of Real Property without Probate
Facts about the Transfer of Real Property without Probate Form
If you have inherited real property, like land or a house, you may qualify to file an affidavit with the register of deeds to transfer ownership of the real property to you. You may have inherited the real 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 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
OR
- 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
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 Real Property without Probate (CC 15:41)
A separate Form 521 from the Nebraska Department of Revenue may be required. You should contact the office of the Register of Deeds in the county where the property is located.
The office of the Register of Deeds is not part of the Nebraska court system.
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.
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 personal property without probate proceedings, please see the Affidavit for Transfer of Personal Property without Probate (CC 15:40).