Big Change for Small Estates: Nebraska Increases the Real Property Cap for Small Estate Affidavits
If you’ve ever helped settle a loved one’s estate, you know how stressful and expensive probate can be. Fortunately, Nebraska offers a streamlined alternative: the small estate affidavit for real property.
And as of July 19, 2024, that option just became a lot more accessible. Thanks to a legislative update, the value cap for using this tool has doubled from $50,000 to $100,000—opening the door for many more families across the state to avoid formal probate.
Here’s what that means for you.
What Is a Small Estate Affidavit in Nebraska?
A small estate affidavit is a simplified legal tool that allows heirs to transfer property after someone’s death—without going through full probate. In Nebraska, this process is governed by Nebraska Revised Statutes § 30-24,129 for real property and a separate statute for personal property.
For qualifying estates, the affidavit can be filed directly with the register of deeds in the county where the real estate is located. This legally transfers the decedent’s interest in the property to the rightful heir.
No court hearings. No appointment of a personal representative. Just a notarized affidavit—if all the statutory conditions are met.
Who Can Use a Small Estate Affidavit for Real Property in Nebraska?
To qualify for this simplified process:
At least 30 days must have passed since the person’s death.
The assessed value of the Nebraska real property (minus unpaid real estate taxes and interest) must be $100,000 or less.
The heir must be entitled to inherit the property either through:
A valid will
Intestate succession
A family allowance or spousal rights under state law
No formal probate or appointment of a personal representative can be pending or granted.
The affidavit must be recorded with the county register of deeds, not filed in probate court. Once recorded, it legally transfers title to the real estate.
What’s Changed with the 2024 Update?
Previously, this tool was only available if the assessed value of the decedent’s Nebraska real estate (minus taxes and interest) was $50,000 or less. But effective July 19, 2024, that cap is now $100,000.
That’s a meaningful update. It reflects the reality of rising property values across Nebraska—particularly in rural areas where homes or land may still fall below this new threshold. This change:
Allows more families to avoid the time and cost of probate
Reduces court backlogs for simple estates
Empowers low- and middle-income families to access property faster and more affordably
What Must Be Included in a Nebraska Small Estate Affidavit?
To comply with Neb. Rev. Stat. § 30-24,129, the affidavit must contain:
A full legal description of the real property
A statement that no probate or appointment of a personal representative is pending or granted
An explanation of how the affiant is legally entitled to the property
A statement confirming a reasonable search for subsequent wills
A declaration that no other person has a superior claim
An acknowledgment of the penalties for false statements or perjury
The affidavit must be notarized and filed with the county register of deeds where the property is located.
When a Small Estate Affidavit Might Not Be the Right Fit
While this tool is a great option for many, it’s not right for every estate. A small estate affidavit may not be appropriate if:
There are disputes among heirs
The property is subject to significant debt or liens
The decedent left a contested or unclear will
The heir is unsure of their legal status to inherit
The estate involves non-Nebraska real property
In these cases, full probate or another legal process may be required to resolve the estate appropriately.
Why This Matters: Reducing Barriers to Inheritance
Probate has its place—especially for complex or contested estates. But it shouldn’t be the default for every small inheritance. This update to Nebraska’s small estate affidavit process:
Saves families time, money, and emotional strain
Helps close estates more quickly
Honors the simplicity of small estates without unnecessary red tape
Especially in rural Nebraska or among families with modest assets, this tool can provide meaningful relief.
Frequently Asked Questions (FAQ)
What is the new value limit for Nebraska’s small estate affidavit for real property?
As of July 19, 2024, the value cap is $100,000, based on the assessed value of the real property minus unpaid real estate taxes and interest.
Can I use this affidavit for personal property too?
Yes. Nebraska also allows a separate small estate affidavit for personal property, governed by a different statute and with its own eligibility requirements. That cap was also recently increased (check current statute for details).
Does the small estate affidavit apply to out-of-state property?
No. This process only applies to real property located in Nebraska. Property in other states may require ancillary probate or a similar process in that jurisdiction.
Can I file the affidavit immediately after death?
No. At least 30 days must pass from the date of death before the affidavit can be filed.
Where do I file the affidavit?
You must record the affidavit with the register of deeds in the county where the real property is located—not with the probate court.
What happens if someone else disputes my claim?
Using a small estate affidavit is a legal assertion of your right to inherit. If another party challenges your claim, you may have to resolve the matter through court. False or misleading affidavits may also expose you to civil liability or perjury charges.
Final Thoughts: Don’t Navigate It Alone
Even with this helpful change in Nebraska law, the small estate affidavit process still requires legal accuracy, attention to detail, and careful consideration of your rights and responsibilities.
At Zachary W. Anderson Law, we guide Nebraska families through estate administration with clarity and care. Whether you’re trying to avoid probate or need help understanding if this affidavit is the right tool for your situation, we’re here to help.