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 Will
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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
Transfer of property through a willA transfer of any property can also be made by way of execution of a will but the vesting of the property will take effect, after the death of the person executing the will. As per the prevalent laws, a will is neither required to be stamped, nor is it required to be registered.
In Nebraska, a will must be handwritten or typed up, signed by the decedent and signed by two witnesses who physically watched the decedent's signature. Spoken wills are not permitted by the state. It's also a good idea to name an executor in your will.
Most estates will need to go through probate in Nebraska unless they meet one of a few exceptions, such as being in a living trust. However, Nebraska offers simplified probate procedures, which some estates will qualify for. To be eligible for simplified probate, the estate must be valued at less than $50,000.
The basic requirements for a Nebraska last will and testament include the following:Age: The testator must be at least 18 years old.Capacity: The testator must be of sound mind.Signature: The will must be signed by the testator or by someone else in the testator's name in his presence, by his direction.More items...
If the property is to be transferred to a beneficiary the Executor or Administrator will need to submit a document called an 'Assent' to the Land Registry, with a copy of the Grant of Representation. The Land Registry will then transfer the property into the name of the new owner.