The Nebraska small estate affidavit, officially the Affidavit for Transfer of Personal Property without Probate (CC 15:40), is a sworn, notarized document that lets a successor collect a deceased person’s personal property without opening probate, as long as the estate is worth $100,000 or less. It is built on Nebraska Probate Code § 30-24,125, and you present it directly to the bank, brokerage, or employer holding the property rather than filing it with a court.
Losing someone you love is hard enough without a courtroom on top of it, and this form exists to spare you that. Used correctly, it can move a bank balance or a final paycheck into your hands in a matter of days. Used carelessly, it can be rejected by a bank, expose you to perjury under § 28-915, or leave you personally liable to the deceased’s creditors. Nebraska set the small estate ceiling at $100,000, and the most recent update to the governing statute took effect September 3, 2025, so make sure you are working from the current version.
In this guide you will learn:
- 📋 Exactly what the CC 15:40 form is, who can sign it, and the six legal facts it must swear to.
- 🗂️ Every document and number you must gather before you write a single word.
- ✍️ A line-by-line walkthrough of each field, with sample entries you can copy.
- 👨👩👧 Three full real-world examples showing what a spouse, a child, and a sibling each write.
- ⚠️ The mistakes that get affidavits bounced, and how to dodge every one of them.
What the Form Is and Who Must File It
The Affidavit for Transfer of Personal Property without Probate is a small estate affidavit. It is a written, notarized statement in which a “successor” swears they are entitled to a dead person’s personal property and asks the holder of that property to hand it over. The form is published by the Nebraska Judicial Branch and carries the case caption number CC 15:40.
The legal engine behind it is § 30-24,125, titled “Collection of personal property by affidavit.” This statute forces any person who owes money to the decedent, or who holds the decedent’s tangible property, stock, or negotiable instruments, to release that property to the successor once a proper affidavit is presented. A companion rule, § 30-24,126, protects the person who pays out, so a bank that relies on a valid affidavit is shielded from later claims.
You may use this form when all of these are true: the fair market value of the entire estate, minus liens and debts, is $100,000 or less; at least 30 days have passed since the death; you are not a creditor of the estate; no personal representative has been appointed or applied for in any court; you do not need to transfer real estate; and either no one else has a right to the property or every other heir signs too. Marcus, whose father left a $14,000 savings account and a final paycheck, fits this perfectly.
Who actually files it is the successor — the person entitled to the property under a will or, if there is no will, under Nebraska’s intestate succession rules. That is usually a surviving spouse, a child, a parent, or a sibling, in that priority order. An attorney can prepare it, but the successor is the one who signs and swears to it.
Before You Start: Documents and Information You Need
Gather everything below before you open the form, because a missing piece is the most common reason an affidavit stalls. Banks read these documents line by line, and a gap forces you to start over.
- Certified death certificate. The statute requires a certified or authenticated copy, not a photocopy; order several from the Nebraska DHHS Vital Records office because each property holder may keep one. Without it, the 30-day clock cannot be proven and the affidavit fails.
- The decedent’s full legal name and date of death. These must match the death certificate exactly; a nickname or wrong date triggers a mismatch hold at the bank.
- The decedent’s last address and county. Holders use this to confirm Nebraska jurisdiction.
- A list of every asset and its value. You need account numbers, stock share counts, and dollar figures to prove the estate is under $100,000.
- A list of liens and debts. You subtract these from gross value, so missing a car loan can push you wrongly over the limit.
- The will, if one exists. It establishes your right as a named beneficiary; without it you rely on intestate law.
- Your own legal name, address, and relationship to the decedent. This is the heart of your claim.
- Contact details for each property holder. You need the exact bank branch, brokerage transfer agent, or employer payroll office that controls the property.
- Names and signatures of co-heirs. If others share the property, they must sign too, or the holder can refuse.
- A notary. You must sign in front of one, so locate a notary at your bank, a UPS Store, or a law office before you begin.
If any item is missing, the consequence is concrete. Without a certified death certificate, a bank will not even read the rest of the affidavit. Build the file completely first.
Where to Get the Form and How to Access It
The only official source is the Nebraska Judicial Branch self-help page, which hosts the CC 15:40 PDF for free. Avoid random template sites, because an outdated form may omit the perjury acknowledgment the statute now requires.
You can download and print the PDF, then fill it in by hand in dark blue or black ink, or type your entries into the fillable fields before printing. Do not sign the printed copy yet. The form must be signed only in front of a notary, so the signature line stays blank until that moment.
If you need related transfers, Nebraska uses different forms. For a vehicle, follow the DMV transfer of ownership instructions and the decedent’s vehicle affidavit. For land, use the separate Affidavit for Transfer of Real Property without Probate (CC 15:41), because the small estate personal property affidavit cannot move real estate.
You do not pay a court filing fee for CC 15:40, because it is never filed with a court. Your only costs are notary fees, often $5 or less per signature in Nebraska, and the price of certified death certificate copies, which run about $16 each through Vital Records. Print one original affidavit for every property holder, since each needs its own notarized signature.
Step-by-Step: How to Fill Out CC 15:40 Line by Line
The form follows the six sworn statements demanded by § 30-24,125. Work top to bottom, and treat each field as a sworn fact, because your signature later turns the whole page into testimony under oath.
1. County Caption
What it asks in plain English. The top of the form asks for the State of Nebraska and the county tied to the affidavit, written as “State of Nebraska, County of ______.”
How to answer it. Print the county where the decedent lived at death, in plain text, such as Douglas. Use the county name only, not the city.
A specific example. Marcus Reed writes “Douglas” because his father lived in Omaha, which sits in Douglas County.
A nuance or edge case. If the decedent lived in one county but the bank branch is in another, use the county of residence, not the bank’s county, since the affidavit describes the decedent’s estate.
A common mistake and its consequence. Filers often write their own county instead of the decedent’s, which makes the notarized venue look wrong and gives a cautious bank a reason to reject the document.
A misconception about this field. People think this line decides which court hears the matter, but no court is involved at all; the caption simply matches the notary’s jurisdiction.
2. Affiant (Successor) Name and Address
What it asks in plain English. This field asks for your full legal name and address as the person claiming the property.
How to answer it. Write your name exactly as it appears on your government ID, then your full mailing address with street, city, state, and ZIP. Use the format Marcus J. Reed, 1420 Pine Street, Omaha, NE 68104.
A specific example. Carla Ortiz writes “Carla M. Ortiz, 88 Elm Avenue, Lincoln, NE 68508” as the surviving spouse claiming her late husband’s account.
A nuance or edge case. If several heirs share the property, every one of them must be named here and must sign, or the holder can refuse the transfer under the statute’s “everyone who has inherited” rule.
A common mistake and its consequence. Using a maiden name on the form but a married name on your ID creates a mismatch, and the bank will hold the transfer until the names line up.
A misconception about this field. Some believe only one heir needs to sign even when others share the property, but a single signature on shared property can make the holder legally unsafe and lead to a refusal.
3. Decedent’s Name, Date of Death, and Residence
What it asks in plain English. This section identifies the deceased person, the date they died, and where they lived.
How to answer it. Copy the decedent’s full legal name straight from the death certificate, then the date of death in MM/DD/YYYY format, then the last residence address. Write the date as 03/14/2026, with no extra words.
A specific example. Marcus writes “Robert A. Reed,” “02/02/2026,” and “1420 Pine Street, Omaha, NE 68104” to match his father’s death certificate.
A nuance or edge case. If the death certificate uses a middle name or suffix like “Jr.,” include it exactly, because the property holder cross-checks this against the certificate you attach.
A common mistake and its consequence. Entering a date of death that is fewer than 30 days in the past, which voids the affidavit because the statute requires that 30 days have elapsed.
A misconception about this field. People assume the date of death starts a probate deadline, but here it only proves the mandatory 30-day waiting period under § 30-24,125.
4. Statement of Value (Under $100,000)
What it asks in plain English. This is the sworn statement that the value of all personal property in the estate, anywhere it sits, minus liens and debts, does not exceed $100,000.
How to answer it. You confirm the figure by checking or completing the statement as printed. Tally every account, paycheck, stock, and item, subtract every debt, and make sure the net is $100,000 or less.
A specific example. Janet Okafor lists her brother’s $62,000 brokerage account and $3,000 checking, subtracts a $1,500 credit card balance, and confirms the $63,500 net is under the limit.
A nuance or edge case. The cap is measured net of liens and encumbrances, so a $115,000 account offset by a $20,000 secured loan still qualifies once you subtract correctly.
A common mistake and its consequence. Using gross value instead of net, which can wrongly push a qualifying estate over $100,000 and send a family into full probate it never needed.
A misconception about this field. Many think real estate counts toward this number, but this affidavit covers personal property only; land is handled with the separate CC 15:41 form.
5. Relationship or Basis of Claim
What it asks in plain English. This field asks how you are related to the decedent or, if you are not related, why you are entitled to the property.
How to answer it. State your relationship in plain words, such as surviving spouse, son, daughter, or sister. If a will names you, write beneficiary under the Last Will dated 01/10/2025.
A specific example. Carla Ortiz writes “surviving spouse,” while Marcus Reed writes “son and sole surviving heir.”
A nuance or edge case. With no will, Nebraska’s intestate succession order controls, so a child cannot claim ahead of a surviving spouse who has priority.
A common mistake and its consequence. Claiming a relationship that does not give you priority over closer heirs, which can later force you to return the property and repay the rightful successor.
A misconception about this field. Filers think “next of kin” alone is enough, but the statute wants the specific basis of your claim, whether by relationship or by will.
6. Perjury Acknowledgment
What it asks in plain English. This is your sworn affirmation that every statement is true and material, and that a false statement can trigger perjury penalties under § 28-915.
How to answer it. You do not write anything new here; you read it, understand it, and accept it by signing the affidavit. Treat it as the moment the page becomes courtroom testimony.
A specific example. Before signing, Marcus rereads the values he entered to be certain the $14,000 figure is exact, knowing a knowing falsehood is a crime.
A nuance or edge case. Even an honest mistake on value can look like a false statement if it hides assets, so document how you calculated every figure.
A common mistake and its consequence. Guessing at account balances to “save time,” which, if wrong and self-serving, can expose you to a perjury charge.
A misconception about this field. People treat the affidavit as a routine bank form, but it is sworn testimony, and lying on it is a criminal offense, not a paperwork slip.
7. No Pending Personal Representative
What it asks in plain English. This field swears that no application or petition for a personal representative is pending or has been granted in any jurisdiction.
How to answer it. Confirm the printed statement is true after checking with the county court where the decedent lived. You are affirming that no probate is open anywhere.
A specific example. Janet calls the Lancaster County Court, confirms no probate case exists for her brother, and then accepts this statement.
A nuance or edge case. If another relative quietly opened probate in a different state, this statement becomes false, so confirm across every jurisdiction the decedent touched.
A common mistake and its consequence. Signing while a sibling has already petitioned for a personal representative, which voids the affidavit and can unwind every transfer you made.
A misconception about this field. Filers assume only Nebraska probate matters, but the statute says any jurisdiction, so an out-of-state filing counts too.
8. Entitlement to Payment or Delivery
What it asks in plain English. This is the final sworn fact that you, the claiming successor, are entitled to payment or delivery of the specific property.
How to answer it. Affirm the statement and, where the form provides space, describe the property you want, such as Wells Fargo checking account ending 4417.
A specific example. Marcus writes “First National Bank savings account ending 0098 and final wages from Acme Logistics” to identify exactly what he claims.
A nuance or edge case. Because each holder needs its own affidavit, list only the property that holder controls on the copy you hand them, and prepare a separate original for the next holder.
A common mistake and its consequence. Bundling all assets onto one affidavit and handing copies around, when each holder needs an individually notarized original or it may refuse.
A misconception about this field. People think one notarized form covers every account, but the Judicial Branch instructions say you may need several, each separately notarized.
9. Signature and Date (Before a Notary)
What it asks in plain English. This is where you sign and date the affidavit under oath.
How to answer it. Do not sign until the notary is watching. Sign your name, print it below if asked, and write the date you sign in MM/DD/YYYY format, such as 06/05/2026.
A specific example. Carla sits with a bank notary, signs “Carla M. Ortiz,” and dates it 06/05/2026 as the notary observes.
A nuance or edge case. If multiple heirs sign, each must appear before a notary, which may mean separate notarial acts on the same form or separate forms.
A common mistake and its consequence. Signing at the kitchen table before reaching the notary, which the Judicial Branch warns against and which makes the notarization invalid.
A misconception about this field. Filers think any signature works as long as it is later notarized, but Nebraska requires the notary to witness the signing itself.
10. Notary Acknowledgment Block
What it asks in plain English. This bottom block is completed by the notary, confirming you appeared and signed.
How to answer it. Leave it blank for the notary. They fill in the date, their commission details, and apply their seal or stamp.
A specific example. The notary writes the county, the date, “Carla M. Ortiz” as the person who appeared, and stamps the seal.
A nuance or edge case. If the seal is faint or the commission date is expired, the property holder can reject the affidavit, so check the stamp before you leave.
A common mistake and its consequence. Walking away with a missing notary seal, which makes the entire affidavit legally worthless to the bank.
A misconception about this field. People believe the notary verifies the truth of the facts, but the notary only verifies your identity and signature, not your claims.
Three Filled-Out Examples Using Real Scenarios
These three scenarios show how different successors complete CC 15:40 from top to bottom. Each follows one named person through the key fields.
Scenario A — Carla, a surviving spouse collecting a bank account. Carla’s husband died with a $9,200 checking account and no will.
| Form Section | What Carla Enters |
|---|---|
| County | Lancaster |
| Affiant name and address | Carla M. Ortiz, 88 Elm Avenue, Lincoln, NE 68508 |
| Decedent name | Daniel R. Ortiz |
| Date of death | 03/01/2026 |
| Estate value statement | Net value $9,200, under $100,000 |
| Relationship / basis | Surviving spouse |
| No pending PR | Confirmed — none in any jurisdiction |
| Property claimed | Union Bank checking ending 2210 |
| Signature and date | Carla M. Ortiz, 06/05/2026, before notary |
Scenario B — Marcus, an adult child collecting a final paycheck, no will. Marcus’s father died intestate with a $14,000 savings account and unpaid wages.
| Form Section | What Marcus Enters |
|---|---|
| County | Douglas |
| Affiant name and address | Marcus J. Reed, 1420 Pine Street, Omaha, NE 68104 |
| Decedent name | Robert A. Reed |
| Date of death | 02/02/2026 |
| Estate value statement | Net value $14,000, under $100,000 |
| Relationship / basis | Son and sole surviving heir |
| No pending PR | Confirmed — no probate opened |
| Property claimed | First National savings ending 0098; final wages, Acme Logistics |
| Signature and date | Marcus J. Reed, 06/05/2026, before notary |
Scenario C — Janet, a sibling collecting brokerage stock with co-heirs. Janet’s brother died with a $63,500 net estate split among three siblings.
| Form Section | What Janet Enters |
|---|---|
| County | Lancaster |
| Affiant names | Janet O. Okafor and co-heirs David Okafor, Ruth Okafor |
| Decedent name | Samuel T. Okafor |
| Date of death | 01/15/2026 |
| Estate value statement | Net value $63,500, under $100,000 |
| Relationship / basis | Sister; co-heirs are brother and sister |
| No pending PR | Confirmed across all jurisdictions |
| Property claimed | Fidelity brokerage account ending 7741, 400 shares |
| Signatures and date | All three siblings sign before a notary, 06/05/2026 |
How to File the Completed Form
You do not file CC 15:40 with any court. Instead, you present the original, notarized affidavit directly to each person or institution holding the property, as the Judicial Branch instructions make clear.
- In person. Hand the notarized original, the attached certified death certificate, and your photo ID to the bank branch, payroll office, or transfer agent. There is no fee charged by the holder. Processing often takes a few business days; keep a stamped copy or a teller’s note as proof.
- By mail. Send the notarized original and certified death certificate by certified mail to the institution’s estate or probate department. Keep the certified mail receipt as your proof of delivery, and expect one to three weeks for processing.
- To a stock transfer agent. A transfer agent must re-register the shares into your name on presentation of the affidavit, so mail the original to the agent listed on the brokerage statement and retain copies.
- For vehicles. Add the decedent’s vehicle affidavit and follow the DMV transfer of ownership steps at your county treasurer’s office, paying the standard title fee.
Prepare a separate notarized original for each holder, because the form’s instructions warn that several accounts may each require their own. Keep the affidavit and a record of where you delivered each copy in a safe place for future reference.
What Happens After You File
Once a holder accepts a valid affidavit, § 30-24,126 discharges them from liability, so they release the funds or property to you without fear of later claims. A bank pays the balance, a brokerage re-titles the shares, and an employer issues the final wages.
You then step into the role of a successor with duties, not just rights. Under the Judicial Branch guidance, your liability to the decedent’s creditors cannot exceed the value of what you received, and a creditor cannot recover from you after the later of three years from death or one year from distribution. Marcus, who collected $14,000, can never owe a creditor more than that $14,000.
If a creditor surfaces within those windows, you must pay valid debts up to the property’s value before keeping the inheritance for yourself. Keep records of every asset you received and every debt you paid, because you may need to show a creditor or another heir how the money moved.
Mistakes to Avoid When Filling Out the Form
Each of these errors can stall or void your transfer, so check them before you sign.
- Signing before reaching the notary. The notarization is invalid, and the holder will reject the form.
- Attaching a photocopy of the death certificate. The statute requires a certified copy, so the affidavit fails proof of death.
- Filing fewer than 30 days after death. The affidavit is premature and legally void.
- Using gross value instead of net. You may wrongly exceed the $100,000 cap and trigger needless probate.
- Forgetting to subtract liens. The same overstatement risk pushes a qualifying estate over the limit.
- Listing real estate on this form. Land cannot transfer here, so the entry is rejected and you need CC 15:41.
- Leaving out a co-heir’s signature. The holder can refuse because not everyone entitled has signed.
- Mismatched names between ID and form. The bank places a hold until the identities match.
- Signing while probate is pending elsewhere. The affidavit is false, and transfers can be unwound.
- Using one affidavit for many holders. Each holder needs its own notarized original, or it may decline.
- Skipping the notary seal check. A faint or expired seal makes the affidavit worthless.
- Guessing account balances. Inaccurate sworn figures can expose you to perjury under § 28-915.
Do’s and Don’ts
Do’s
- Do order several certified death certificates, because each holder may keep one and you cannot reuse a single copy.
- Do calculate value net of debts, since the $100,000 cap is measured after liens.
- Do wait the full 30 days, because earlier presentation voids the affidavit.
- Do sign only before a notary, as Nebraska requires the notary to witness the signing.
- Do prepare a separate original per holder, because each needs its own notarized signature.
- Do gather every co-heir’s signature, so the holder is protected and will release the property.
Don’ts
- Don’t include real estate, because this form cannot transfer land.
- Don’t use a nickname, since name mismatches trigger holds.
- Don’t file it with a court, because that is not how this affidavit works.
- Don’t guess at figures, as false sworn statements risk perjury charges.
- Don’t ignore pending probate, because an open case in any jurisdiction voids the form.
- Don’t lose the affidavit, since you may need it again and it is not stored by any court.
Pros and Cons of Filing on Your Own vs. With Help
| Filing Pro Se (On Your Own) | Filing With an Attorney |
|---|---|
| Saves money, because there are no attorney fees on top of notary costs. | Reduces error risk, since a lawyer confirms eligibility and values before you swear to them. |
| Faster for simple estates, as a single bank account can transfer in days. | Helpful for co-heir disputes, because counsel can manage competing claims. |
| Gives you direct control over each holder contact. | Clarifies creditor exposure, so you understand your liability under § 30-24,126. |
| Free official form keeps costs near zero. | Spots probate triggers, such as real estate that forces a different path. |
| Good for clear-cut, single-heir cases with small balances. | Protects against perjury exposure by verifying every sworn fact. |
The cons mirror these points. Going pro se risks mistakes on value, eligibility, and creditor liability that you may not catch, while hiring help adds cost and can slow a simple transfer that you could have handled in an afternoon. Choose based on estate complexity, the number of heirs, and your comfort with sworn legal documents.
CC 15:40 vs. Related Nebraska Affidavits
| Affidavit | When You Use It |
|---|---|
| Affidavit for Transfer of Personal Property without Probate (CC 15:40) | Bank accounts, stocks, wages, and tangible items in estates of $100,000 or less. |
| Affidavit for Transfer of Real Property without Probate (CC 15:41) | Transferring land or a house outside probate, which CC 15:40 cannot do. |
| Vehicle transfer affidavit (DMV) | Re-titling a car, boat, or ATV through the county treasurer. |
FAQs
Is there a dollar limit for the Nebraska small estate affidavit?
Yes. The estate’s personal property, valued anywhere and reduced by liens and debts, must total $100,000 or less under § 30-24,125 to qualify for CC 15:40.
Do I have to wait before using the affidavit?
Yes. You must wait at least 30 days after the date of death, and the affidavit is void if presented earlier than that statutory waiting period.
Do I file this affidavit with a Nebraska court?
No. You present it directly to each bank, brokerage, employer, or holder of the property, and you keep the original yourself in a safe place.
Do I write my own county or the decedent’s county in the caption?
No. You do not use your county; you write the decedent’s county of residence, which matches the venue the notary acknowledges.
Do I put real estate on the CC 15:40 form?
No. This form covers personal property only, so land requires the separate CC 15:41 real property affidavit.
Do I list value before or after debts in the value statement?
No, not gross value; you list the net value after subtracting liens and encumbrances, because the $100,000 cap is measured net.
Do all heirs need to sign if property is shared?
Yes. Everyone who inherited an interest in the property must sign, or the holder can refuse to release it.
Can I sign the affidavit at home and notarize it later?
No. Nebraska requires you to sign in front of the notary, who must witness the actual signing for the notarization to be valid.
Is a photocopy of the death certificate acceptable?
No. You must attach a certified or authenticated copy, because the affidavit relies on it to prove the 30-day waiting period.
Can one affidavit cover several different accounts?
No, not reliably; each holder may require its own individually notarized original, so prepare a separate signed copy for each.
Am I personally liable for the decedent’s debts after collecting property?
No, not beyond the property’s value; under § 30-24,126 your liability cannot exceed what you received.
Can a false statement on the affidavit get me in trouble?
Yes. A knowingly false statement can trigger perjury penalties under § 28-915, because the affidavit is sworn testimony.
Can I transfer the decedent’s car with this same form?
No. A vehicle needs the separate DMV affidavit and the DMV transfer of ownership process at your county treasurer.
Does an open probate in another state stop me from using this?
Yes. No personal representative may be pending or appointed in any jurisdiction, so an out-of-state probate voids the affidavit.
Related reading
- How to Fill Out the Iowa Small Estate Affidavit (w/ Examples) + FAQs
- How to Fill Out the Nebraska Application for Informal Probate (CC 16:2:24) + FAQs
- How to Fill Out Nebraska Inventory and Appraisement of the Estate + FAQs
- How to Fill Out the Oklahoma Small Estate Affidavit (w/Examples) + FAQs
- How to Fill Out the Idaho Small Estate Affidavit (w/ Examples) + FAQs
- How to Fill Out North Dakota Small Estate Affidavit (w/Examples) + FAQs
- How to Fill Out Arkansas Petition for Probate of Will (w/Examples) + FAQs