In many states the law provides an informal means or process for administering small estates, as defined by the state’s statutes.
For example, in some states an estate under a certain value may be distributed using an affidavit known as a small estate affidavit that is signed by the persons to whom the estate’s assets are to be distributed and two disinterested witnesses.
And other states have a simplified small estate process under which the successor to an interest in real property may petition the court to transfer the real property and recognize the transfer of personal property.
Laws vary from state to state and a state’s informal process for administering a small estate is usually located in the state’s statutes—often in the estates code or probate code.
In Nebraska, the law provides for a simplified process to administer small estates. If the value of the entire estate, less liens and encumbrances, does not exceed $50,000, a successor may present an affidavit to collect the personal property of the decedent without going through formal probate. This is outlined in Nebraska Revised Statute § 30-24,125. The affidavit must state that thirty days have elapsed since the death of the decedent, that no application or petition for the appointment of a personal representative is pending or has been granted in any jurisdiction, and that the claiming successor is entitled to the property. The affidavit process allows for the transfer of personal property such as bank accounts, stocks, and other non-real estate assets. For real property, Nebraska law requires a different procedure, and it may be necessary to go through probate or use a transfer on death deed if one was executed before the decedent's death. It's advisable to consult with an attorney to ensure compliance with Nebraska's specific requirements for small estate administration.