Under Nebraska statutes, where the personal property of an estate is valued at not more than $100,000, an interested party may, thirty (30) days after the death of the decedent, issue a small estate affidavit to collect any debts owed to the decedent.
30-24,125
Collection of personal property by affidavit.
(a) 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:
(1) the value of all of the personal property in the decedent's estate, wherever located, less liens and encumbrances, does not exceed one hundred thousand dollars;
(2) thirty days have elapsed since the death of the decedent as shown in a certified or authenticated copy of the decedent's death certificate attached to the affidavit;
(3) the claiming successor's relationship to the decedent or, if there is no relationship, the basis of the successor's claim to the personal property;
(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;
(5) no application or petition for the appointment of a personal representative is pending or has been granted in any jurisdiction; and
(6) the claiming successor is entitled to payment or delivery of the property.
(b) A transfer agent of any security shall change the registered ownership on the books of a corporation from the decedent to the successor or successors upon the presentation of an affidavit as provided in subsection (a).
(c) Upon the presentation of an affidavit as provided in subsection (a), the claiming successor may endorse or negotiate any instrument evidencing a debt belonging to the decedent that is a check, draft, or other negotiable instrument that is payable to the decedent or the decedent's estate. Notwithstanding the provisions of section 3-403, 3-417, or 3-420, Uniform Commercial Code, a financial institution accepting such a check, draft, or other negotiable instrument presented for deposit in such manner is discharged from all claims for the amount accepted.
(d) In addition to compliance with the requirements of subsection (a), a person seeking a transfer of a certificate of title to a motor vehicle, motorboat, all-terrain vehicle, utility-type vehicle, or minibike shall be required to furnish to the Department of Motor Vehicles an affidavit showing applicability of this section and compliance with the requirements of this section to authorize the department to issue a new certificate of title.
Small Estate Affidavit Nebraska With Accordance With State Laws
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How to fill out Nebraska Small Estate Affidavit For Personal Property Of Estates Not More Than $100,000?
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FAQ
Step 1 Wait 30 Days. The person who fills out the form, known as the affiant must wait at least thirty (30) days before getting the affidavit notarized.Step 2 Assess Estate.Step 3 Fill out the Form.Step 4 Collect the Property.
There is no need for probate or letters of administration unless there are other assets that are not jointly owned. The property might have a mortgage. However, if the partners are tenants in common, the surviving partner does not automatically inherit the other person's share.
In non-pandemic times, the probate assets (personal property) within an estate in Nebraska can take anywhere from 9 months to 3 years to be distributed from the decedents estate.
The court clerk publishes the notice in a local newspaper, along with notice to creditors, advising them they have 60 days within which to make a claim for payment under Nebraska law. This 60-day period begins to run on the first date of publication and can run concurrently with the inventory deadline.
What Is a Small Estate? Nebraska Revised Statute §30-24, 125 recites the guidelines. Basically, if a decedent's estate involves less than $50,000 in probatable personal property and/or $50,000 or less in real estate, no probate is required.