Nebraska probate code · checked October 2026

Nebraska Small Estate: The Limit, the Tracks, and the Form

For money and belongings, Nebraska's affidavit limit is $100,000 — applied to the estate after the assets that pass automatically are taken out. Real property has its own Nebraska affidavit (§ 30-24,129; form CC 15:41): up to $100,000 of assessed value in the year of death, less taxes and interest due, filed with the register of deeds after the same 30 days — a separate paper from the personal-property affidavit (CC 15:40). The affidavit, where one exists, cannot be used until 30 days have passed since the death.

Run the free Nebraska check

The Nebraska line, in facts

The affidavit limit today: $100,000, judged by the law in force on the date of death.

The paper: CC 15:40 - Affidavit for Transfer of Personal Property Without Probate; CC 15:41 - Affidavit for Transfer of Real Property Without Probate.

How it moves: presented to whoever holds the property; no court case is opened.

The wait: 30 days after the death before the affidavit can be used.

For a surviving spouse: No different cap for a surviving spouse as sole heir under either affidavit.

The tracks in Nebraska

Track	Limit	How it works
Small-estate affidavit	$100,000	Presented to whoever holds the property; no court case. Form: CC 15:40 - Affidavit for Transfer of Personal Property Without Probate; CC 15:41 - Affidavit for Transfer of Real Property Without Probate.
Real-property affidavit	$100,000	Form CC 15:41 (register of deeds)

What catches families in Nebraska

Older sources and the CC 15:41 form text still in circulation put the real-property cap at $50,000 (and $30,000 before that) — the current statute says $100,000.
The real-property affidavit requires an investigation for any later-discovered will, and that no one else has a right to the interest — it is recorded with the register of deeds, not filed with a court.

Vehicles in Nebraska

A successor seeking a vehicle/motorboat title must present a 30-24,125 affidavit to the DMV to obtain a new certificate of title; vehicles are not excluded from the personal-property affidavit route by a separate cap in the text located.

Debts, and the signer's duty

Affidavit must state no PR application/petition is pending or granted and the successor is entitled to the property; successors take subject to claims - no express solvency/debt-payment condition is stated in 30-24,125.

Rules checked October 2026 · Sources: Neb. Rev. Stat. 30-24,125(a)(1)-(6); Neb. Rev. Stat. 30-24,129(a)(1)-(6); Neb. Rev. Stat. 76-3401 et seq. (URPTODA / TOD deed). This page reads the published law; it is not legal advice, and the court is the final word.

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