Nebraska Statutes 30-24,129. Succession to real property by affidavit
(a) Thirty days after the death of a decedent, any person claiming as successor to the decedent’s interest in real property in this state may file or cause to be filed on his or her behalf, with the register of deeds office of a county in which the real property of the decedent that is the subject of the affidavit is located, an affidavit describing the real property owned by the decedent and the interest of the decedent in the property. The affidavit shall be signed by all persons claiming as successors or by parties legally acting on their behalf and shall be prima facie evidence of the facts stated in the affidavit. The affidavit shall state:
Terms Used In Nebraska Statutes 30-24,129
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Decedent: A deceased person.
- Devise: To gift property by will.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Intestate: Dying without leaving a will.
- Person: shall include bodies politic and corporate, societies, communities, the public generally, individuals, partnerships, limited liability companies, joint-stock companies, and associations. See Nebraska Statutes 49-801
- Probate: Proving a will
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- State: when applied to different states of the United States shall be construed to extend to and include the District of Columbia and the several territories organized by Congress. See Nebraska Statutes 49-801
- Year: shall mean calendar year. See Nebraska Statutes 49-801
(1) the value of the decedent’s interest in all real property in the decedent’s estate located in this state does not exceed one hundred thousand dollars. The value of the decedent’s interest shall be determined from the value of the property shown on the assessment rolls for the year in which the decedent died less real estate taxes and interest thereon if any is due at the time of death;
(2) thirty days have elapsed since the death of the decedent as shown in a certified or authenticated copy of the decedent’s death certificate attached to the affidavit;
(3) no application or petition for the appointment of a personal representative is pending or has been granted in the State of Nebraska;
(4) the claiming successor is entitled to the real property either by reason of the homestead allowance, exempt property allowance, or family allowance, by intestate succession, or by devise under the will of the decedent. If claiming by devise under the will of the decedent, a copy of such will shall be attached to the affidavit;
(5) the claiming successor has made an investigation and has been unable to determine any subsequent will;
(6) no other person has a right to the interest of the decedent in the described property;
(7) the claiming successor’s relationship to the decedent and the value of the entire estate of the decedent subject to probate; and
(8) the person or persons claiming as successors under the affidavit swear or affirm that all statements in the affidavit are true and material and further acknowledge that any false statement may subject the person or persons to penalties relating to perjury under section 28-915.
(b) The recorded affidavit and certified or authenticated copy of the decedent’s death certificate shall also be recorded by the claiming successor in any other county in this state in which the real property of the decedent that is the subject of the affidavit is located.