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Nebraska is a so-called "equitable distribution" state, which means the marital property is split in a manner considered fair by the court, with the parties strongly encouraged to work out a settlement first.
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.
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.
To complete the transfer, the deed must be recorded in the office of the Register of Deeds of the county where the property is located. All deeds also require a Form 521 - Real Estate Transfer Statement.
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.
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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. If real estate is part of the estate, it must be worth $50,000 or less after subtracting the mortgage and any liens.
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.
You may be able to avoid probate in Nebraska if you: Establish a Living Trust. Title assets in Joint Tenancy. Title property as Community Property With Right of Survivorship or Tenancy by the Entirety. Open accounts and hold deeds that are TOD or POD (Transfer on Death; Payable on Death)
The Act allows an individual to transfer property located in Nebraska to one or more beneficiaries effective at the transferor's death through the use of a special deed referred to as a \u201cTransfer on Death Deed.\u201d
What does the Nebraska Transfer on Death (TOD) deed do? In Nebraska, the TOD deed will transfer the described property to the named beneficiary, subject to any liens or mortgages (or other encumbrances) on the property at your death without going through probate.

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