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Small Estate Affidavit Limits in Nebraska

In Nebraska, a successor can collect personal property worth up to $100,000 by affidavit 30 days after the death, and a separate affidavit can transfer real property worth up to $100,000.

Last checked . General information, not legal advice.

Nebraska at a glance

Maximum estate value
$100,000
Personal property limit; a separate $100,000 limit applies to real property in Nebraska under 30-24,129.
Waiting period after death
30 days
Real estate can pass
Yes, by separate affidavit
Filed with the register of deeds where the land is located.

Sources

Last checked

The rules in Nebraska

What is the maximum estate value for a small estate affidavit in Nebraska?

Maximum estate value in Nebraska: $100,000. Personal property limit; a separate $100,000 limit applies to real property in Nebraska under 30-24,129.

How long after the death must you wait to use a small estate affidavit in Nebraska?

Waiting period after death in Nebraska: 30 days.

Can real estate pass by small estate affidavit in Nebraska?

Yes, by separate affidavit. Real estate can pass in Nebraska: yes, by separate affidavit. Filed with the register of deeds where the land is located.

Where do the Nebraska small estate affidavit limits come from?

The rules above come from Neb. Rev. Stat. 30-24,125 and Neb. Rev. Stat. 30-24,129. Each source is linked on this page. We last checked them in October 2026.

Good to know

30-24,125 was most recently amended by Laws 2025, LB85, and 30-24,129 by Laws 2024, LB1195. Real property value is based on the assessment rolls for the year of death.

What this means in practice

Check how the estate value is counted before relying on the shortcut. States differ on whether the limit covers all property or only probate property, and whether assets such as jointly owned accounts, life insurance with a named beneficiary or property in a living trust are left out of the total.

Gather the documents a holder is likely to ask for: a certified copy of the death certificate, the signed and often notarized affidavit, and proof of your identity and relationship to the person who died. Some holders use their own affidavit form, so ask before you prepare one.

A person who collects property with a small estate affidavit usually takes on duties to others with a claim to it, such as creditors and other heirs. Paying valid debts and distributing the rest correctly matters, because a successor who takes more than their share can be held liable for it later.

General information, not legal advice. Laws change, and cities can add their own rules, so check the current statute before you rely on it.