Affidavit for Transfer of Personal Property without Probate

Affidavit for Transfer of Personal Property without Probate

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.

Forms

Affidavit for Transfer of Personal Property without Probate, CC 15:40

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.

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.    

For more information, please see the following:

If you want to transfer title to a motor vehicle, please refer to the instructions from the Department of Motor Vehicles found on this page: https://dmv.nebraska.gov/dvr/title/transfer-ownership.

If you want to transfer real property without probate proceedings, please see the Affidavit for Transfer of Real Property without Probate (CC 15:41).