All Roll Calls
Yes: 90 • No: 0
NebraskaLB85109th Legislature 1st and 2nd SessionslegislatureWALLET
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.
Collect small estates with an affidavit
The law lets a rightful successor collect a small estate by sworn affidavit instead of probate. It applies when the estate’s personal property, after liens, is $100,000 or less and at least 30 days have passed since death, as shown by a certified death certificate or abstract of death. No personal representative can be pending or appointed, and you must state your relationship or claim and swear the affidavit is true under penalty of perjury. With this affidavit, the holder must pay or deliver the decedent’s money or property, you can endorse and deposit checks payable to the decedent or the estate, and the transfer agent must re‑register stocks to you. Banks and transfer agents that act on a proper affidavit are protected, and the prior version of this statute is repealed.
Get vehicle titles by affidavit
You can transfer title to an inherited motor vehicle, motorboat, ATV, utility‑type vehicle, or minibike with a sworn affidavit. The affidavit must show the small‑estate rules are met: $100,000 or less in personal property, at least 30 days since death, and no personal representative is pending or appointed. The DMV can issue a new title when it receives this affidavit. If the estate closed 10 years ago, the DMV waives the no‑personal‑representative rule when you show proof the estate closed and a certified death certificate.
Sponsors & Cosponsors
Sponsor
Wendy DeBoer
legislature
Cosponsors
There are no cosponsors for this bill.
Roll Call Votes
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
Approved by Governor on February 25, 2025
2/26/2025legislaturePassed on Final Reading 48-0-1
2/21/2025legislaturePresident/Speaker signed
2/21/2025legislaturePresented to Governor on February 21, 2025
2/21/2025legislaturePlaced on Final Reading
2/18/2025legislatureAdvanced to Enrollment and Review for Engrossment
2/7/2025legislaturePlaced on Select File
2/4/2025legislatureAdvanced to Enrollment and Review Initial
1/30/2025legislaturePlaced on General File
1/28/2025legislatureReferred to Judiciary Committee
1/14/2025legislatureNotice of hearing for January 22, 2025
1/14/2025legislatureDate of introduction
1/10/2025legislature
Bill Text
Introduced
2/26/2025
Enrolled / Slip Law
Final / Enacted