State Codes and Statutes

State Codes and Statutes

Statutes > Nebraska > Chapter30 > 30-24_129

30-24,129. Successionto real property by affidavit.(a) Thirty daysafter the death of a decedent, any person claiming as successor to the decedent'sinterest in real property in this state may file or cause to be filed on hisor her behalf, with the register of deeds office of a county in which thereal property of the decedent that is the subject of the affidavit is located,an affidavit describing the real property owned by the decedent and the interestof the decedent in the property. The affidavit shall be signed by all personsclaiming as successors or by parties legally acting on their behalf and shallbe prima facie evidence of the facts stated in the affidavit. The affidavitshall state:(1) the value of the decedent's interest in all real propertyin the decedent's estate located in this state does not exceed thirty thousand dollars. The value of the decedent'sinterest shall be determined from the value of the property as shown on theassessment rolls for the year in which the decedent died;(2) thirty days have elapsed since the death of the decedentas shown in a certified or authenticated copy of the decedent's death certificateattached to the affidavit;(3) no application or petition for the appointment of a personalrepresentative is pending or has been granted in any jurisdiction;(4) the claiming successor is entitled to the real propertyby reason of the homestead allowance, exempt property allowance, or familyallowance, by intestate succession, or by devise under the will of the decedent;(5) the claiming successor has made an investigation andhas been unable to determine any subsequent will;(6) no other person has a right to the interest of the decedentin the described property;(7) the claiming successor's relationship to the decedentand the value of the entire estate of the decedent; and(8) the person or persons claiming as successors under theaffidavit swear or affirm that all statements in the affidavit are true andmaterial and further acknowledge that any false statement may subject theperson or persons to penalties relating to perjury under section 28-915.(b) The recorded affidavit and certified or authenticatedcopy of the decedent's death certificate shall also be recorded by the claimingsuccessor in any other county in this state in which the real property ofthe decedent that is the subject of the affidavit is located. SourceLaws 1999, LB 100, § 2; Laws 2009, LB35, § 23.