FULL NAME OF FORM: Affidavit For Transferof Personal Property Without Probate Under Nebraska Probate Code
WHEN TO USE THE FORM: This form may be appropriate to collect personal property of the Decedent pursuant to Nebraska Probate Code § 30-24,125, without a probate proceeding, where the fair market value of the entire estate of the Decedent, wherever located, less liens and encumbrances, does not exceed $10,000. The form can be used after thirty (30) days have elapsed from the date of death. Although the statute is not clear, the general consensus is that this Affidavit can be used if only those assets which otherwise would be subject to probate are less than $10,000.
HOW TO USE THE FORM: The successor or successors shall deliver the Affidavit to every person having or controlling possession of personal property belonging to the Decedent. Successors are defined as those persons, other than creditors, who are entitled to property of a Decedent under Decedent's Will or the Probate Code. Persons seeking transfer of title to a motor vehicle are required to furnish the Department of Motor Vehicles a statement of value of any motor vehicle transferred from the County Assessor of the Decedent's residence. See Form 151.
WHEN NOT TO USE THE FORM: In any case where a Personal Representative has been appointed. Can only be used by a "successor" of the Decedent. May not be used to transfer real property.
COMMENTS: On presentation of this form, a transfer agent for securities shall change the registered ownership on the books of the corporation from the Decedent to the successor. Nebraska Probate Code § 30-24,125(b). Note that this is not a court pleading and is not required to be filed with any court.
