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Transfer on Death Deed Laws in Nebraska

Nebraska allows transfer on death deeds under the Nebraska Uniform Real Property Transfer on Death Act, and the deed must be recorded within 30 days after signing and before the owner dies.

Last checked . General information, not legal advice.

Nebraska at a glance

TOD deed allowed
Yes
Uniform act adopted
Yes
Neb. Rev. Stat. 76-3401 to 76-3424.
Recording rule
Within 30 days after signing and before the owner's death
Must be recorded with the register of deeds of the county where the property is located.

Sources

Last checked

The rules in Nebraska

Does Nebraska allow transfer on death deeds for real estate?

Yes. TOD deed allowed in Nebraska: yes.

Has Nebraska adopted the Uniform Real Property Transfer on Death Act?

Yes. Uniform act adopted in Nebraska: yes. Neb. Rev. Stat. 76-3401 to 76-3424.

When must a transfer on death deed be recorded in Nebraska?

Recording rule in Nebraska: Within 30 days after signing and before the owner's death. Must be recorded with the register of deeds of the county where the property is located.

Where do the Nebraska transfer on death deed laws come from?

The rules above come from Neb. Rev. Stat. 76-3401 and Neb. Rev. Stat. 76-3410. Each source is linked on this page. We last checked them in October 2026.

Good to know

A 2025 amendment (LB 422) added a further warning that must appear in transfer on death deeds created after September 3, 2025.

What this means in practice

Where a transfer on death deed is allowed, it generally has to be signed with the same formalities as an ordinary deed and recorded in the land records of the county where the property sits. A deed that is signed but never recorded within the time the statute requires may have no effect, so check the recording rule before relying on one.

A transfer on death deed usually covers only the property it describes. It does not replace a will, and other assets still pass under a will, a trust or the intestacy rules. Keeping the deed consistent with your other estate planning documents helps avoid conflicting instructions.

Creditors, Medicaid estate recovery and property tax rules can still reach property that passes by a transfer on death deed in some situations. If the property is mortgaged, jointly owned or the beneficiary situation is complicated, consider having a local real estate or estate planning attorney review the deed.

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