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Nebraska

Small-estate-affidavit threshold and procedure under § Neb. Rev. Stat. § 30-24,125.

Verified 2026-05-04
Personal property
$100,000
statutory cap
30-day wait

Personal property under § 30-24,125.

Real property
$100,000
separate cap
30-day wait

Real property under § 30-24,129.

01

Who is eligible to file

  • Surviving spouse or registered domestic partner
  • Adult children, equally if more than one
  • Parents of the decedent, if no spouse or descendants
  • The named executor under the will, if one exists
  • An heir at law under Nebraska's intestate-succession statute, in the absence of the above
02

What counts toward the threshold

The threshold counts only assets that pass through probate. The following do not count against the cap:

Joint tenancy property
Passes by right of survivorship.
Community property w/ ROS
Vests in surviving spouse.
Beneficiary-designated
Life insurance, IRAs, 401(k)s.
TOD / POD accounts
Bank, brokerage, vehicle titles.
Living trust assets
Distributed by the trust, not the will.
Wages owed to surviving spouse
Often a separate path.

State note: Personal property under § 30-24,125.

Personal property
Waiting period
State requires 30 days to elapse from date of death (personal-property path) before filing.
Real property
Waiting period
State requires 30 days to elapse from date of death (real-property path) before filing.
Real property
Eligible under a separate cap

Real-property procedure filed with County Court in county where decedent's real estate is located.

03

Where to file

File with the County Court in the county where the decedent resided at death.

We do not maintain a county-by-county directory. The Nebraska judicial system operates an authoritative court locator.

Find your county’s County Court via the Nebraska judicial council website. Search for “Nebraska County Court county locator” or visit the state government court directory.

Note: in Nebraska, the small-estate affidavit is generally presented to the property holder (bank, brokerage, registrar) rather than filed with the court. The court named above is the venue for related probate matters and any contested questions.

04

Form & statute

Form
  • CC 15:40 Affidavit for Transfer of Personal Property
Statutes
§ Neb. Rev. Stat. § 30-24,125
https://nebraskalegislature.gov/laws/statutes.php?statute=30-24,125
personal property