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NebraskaLB85109th Legislature 1st and 2nd Sessionslegislature

Change requirements for collection of personal property of decedents' estates by affidavit

Sponsored By: Wendy DeBoer

Signed by Governor

Judiciary Committee

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Bill Overview

Analyzed Economic Effects

2 provisions identified: 2 benefits, 0 costs, 0 mixed.

Faster small-estate collection by affidavit

The law lets a successor collect a decedent’s personal property with a sworn affidavit when the estate’s personal property, minus liens, is $100,000 or less. You can use this after 30 days from death. The affidavit must state your relationship, that no personal representative case is pending or granted anywhere, that you are entitled to the property, and include a certified death certificate or an abstract of death if the certificate is delayed. People who owe the decedent or hold the decedent’s property must pay or deliver it. Transfer agents must retitle securities to the successor, and you may endorse and cash checks payable to the decedent. Banks that accept such checks are protected from later claims for the amount paid.

Easier DMV title transfers for heirs

To retitle a motor vehicle, motorboat, ATV, UTV, or minibike, you must give the DMV an affidavit that shows you meet the small‑estate rules. The DMV issues a new title based on that affidavit. If 10 years have passed since the estate closed, the DMV waives the rule about having no personal representative case pending or granted when you show the estate is closed and provide a certified death certificate.

Sponsors & Cosponsors

Sponsor

  • Wendy DeBoer

    Senate

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 90 • No: 0

legislature vote • 2/21/2025

Final Reading

Yes: 48 • No: 0 • Other: 1

legislature vote • 1/30/2025

Vote

Yes: 42 • No: 0 • Other: 7

Actions Timeline

  1. Approved by Governor on February 25, 2025

    2/25/2025legislature

  2. Presented to Governor on February 21, 2025

    2/21/2025legislature

  3. President/Speaker signed

    2/21/2025legislature

  4. Passed on Final Reading 48-0-1

    2/21/2025legislature

  5. Placed on Final Reading

    2/18/2025legislature

  6. Advanced to Enrollment and Review for Engrossment

    2/7/2025legislature

  7. Placed on Select File

    2/4/2025legislature

  8. Advanced to Enrollment and Review Initial

    1/30/2025legislature

  9. Placed on General File

    1/28/2025legislature

  10. Notice of hearing for January 22, 2025

    1/14/2025legislature

  11. Referred to Judiciary Committee

    1/14/2025legislature

  12. Date of introduction

    1/10/2025legislature

Bill Text

  • Introduced

    1/10/2025

    PDF

  • Enrolled / Slip Law

    PDF

  • Final / Enacted

    PDF

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