Compress Legal Nebraska Small Estates Forms For Free

What Is a Small Estate? Nebraska Revised Statute §30-24, 125 recites the guidelines. Basically, if a decedent's estate involves less than $50,000 in probatable personal property and/or $50,000 or less in real estate, no probate is required.

In Nebraska, you can make a living trust to avoid probate for virtually any asset you own?real estate, bank accounts, vehicles, and so on. You need to create a trust document (it's similar to a will), naming someone to take over as trustee after your death (called a successor trustee).

Most estates will need to go through probate in Nebraska unless they meet one of a few exceptions, such as being in a living trust. However, Nebraska offers simplified probate procedures, which some estates will qualify for. To be eligible for simplified probate, the estate must be valued at less than $50,000.

You must file the affidavit with the register of deeds office of the county in which the real property of the deceased is located and also file, in any other county in Nebraska in which the real property of the deceased that is subject to the affidavit is located, the recorded affidavit and a certified or authenticated ...

For small estates, an affidavit can be presented to the person or entity who has the property to show that you are entitled to the property. You may have inherited the property because of the terms of a will, or under the Nebraska probate code based on your relationship with the deceased.

Joint tenancy with rights of survivorship avoids the legal process of probate. When a co-owner in joint tenancy with the right of survivorship dies, their property interest automatically transfers to the surviving owner. For many people, the marital home is their only probate asset.