These instructions and forms are a product of the Nebraska Supreme Court’s Committee on Self-Represented Litigation and are provided as a public service to people who wish to transfer personal property without probate when the deceased has limited assets.
NOTE: THE SUPREME COURT DOES NOT REPRESENT THAT THESE INSTRUCTIONS AND FORMS WILL BE APPROPRIATE IN EVERY CASE. ANY QUESTIONS YOU MAY HAVE REGARDING THE USE OF THE INSTRUCTIONS AND FORMS SHOULD BE DIRECTED TO A LAWYER.
Although these instructions and forms were developed to assist people who are handling their own legal matters, the Supreme Court’s Committee on Self-Represented Litigation urges anyone thinking of handling their own case to consider getting a lawyer to help with their case.
Facts about the Transfer of Personal Property without Probate Form
The Affidavit for Transfer of Personal Property without Probate may be used to collect personal property of the deceased, without probate, where:
- the fair market value of the entire estate of the deceased, less liens and encumbrances (everything the deceased owned minus everything the deceased owes) is $50,000.00 or less
- thirty days or more have passed since death
- you are not a creditor to the estate
- there is not a Personal Representative, application for Personal Representative, or petition for Personal Representative and
- ownership of real property (such as land) does not need to be transferred.
The Affidavit for Transfer of Personal Property without Probate form must be signed in the presence of a notary. Do NOT sign the document UNTIL A NOTARY IS PRESENT AND WITNESSES YOU SIGNING THE DOCUMENT. Be sure to include the date you signed the document.
If you want to transfer title to a motor vehicle, you must provide the Department of Motor Vehicles a statement of value of any motor vehicle transferred from the County Assessor of the Decedent's residence. If you want to transfer real property without probate proceedings, please see the Affidavit for Transfer of Real Property without Probate (CC 15:41).
For more information, please see the following:
What to do with the completed Affidavit for Transfer of Personal Property without Probate
If you are entitled to property (bank account, stocks, personal items, etc.) of a deceased person, you give the affidavit to each person having or controlling possession of personal property belonging to the deceased. You may need more than one affidavit if there are several accounts or different property – each must have an original signature and be individually notarized.
Do not file the Affidavit for Transfer of Personal Property with a court. It is very important to keep the form in a secure place where it will not be damaged. Additionally, it is very important to remember where the affidavit is located, for future reference. You must give a form to each person from whom you are obtaining property.
Affidavit for Transfer of Personal Property without Probate, CC 15:40