Nebraska Revised Statues Section 30-24,129 provides that, thirty days after the death of a decedent, any person claiming a successor interest in the decedent’s real property may file an affidavit describing said interest with the register of deeds in the county where the real property is located. If properly completed, the effect of such a “small estate affidavit” is that the individual can claim the real property without going through the formal probate process. Effective July 19, 2024, the Nebraska Legislature amended one of the requirements for small estate affidavits. Before, small estate affidavits could not be utilized if the value of the real property exceeded $50,000. This amount is now $100,000, thereby making small estate affidavits accessible for a greater number of estates in Nebraska.
If you have any questions about your estate plan or would like to begin the process, please contact the attorneys at the Knudsen Law Firm.
By: Anthony Budell