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LB 85

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

109th Legislature (2025-2026) Introduced by Wendy DeBoer

LB 85 lets an abstract of death stand in for a delayed certified death certificate on small estate affidavits (≤$100,000), speeding asset transfer with safeguards.

Approved by Governor on February 25, 2025
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Bill Summary · LB 85

LB 85 — Summary (2025)

Status: Approved by Governor (Feb 25, 2025)
Primary sponsor: Sen. Wendy DeBoer
Committee: Judiciary (hearing Jan 22, 2025)
Statute amended: Neb. Rev. Stat. § 30-24,125 (Revised Statutes Cumulative Supplement, 2024)

Purpose

LB 85 updates Nebraska’s "small estate affidavit" law to allow an abstract of death to be used when a certified death certificate is delayed. The change is intended to remove a practical barrier to successors collecting personal property from small estates without initiating formal probate.

Key provisions

  • Eligibility threshold remains: the total fair market value of the decedent’s personal property, less liens and encumbrances, must not exceed $100,000.
  • Proof of the 30‑day waiting period after death:
    • Previously required a certified or authenticated copy of the death certificate.
    • Under LB 85, if production of a certified death certificate is delayed, an "abstract of death" (as defined in § 71-601.01) may be attached to the small estate affidavit and accepted in lieu of the certified death certificate.
  • Affidavit contents: must state the estate value (≤ $100,000), that 30 days have elapsed (supported by certificate or abstract), the successor’s relationship or basis of claim, that no probate application/petition is pending or granted in any jurisdiction, and that statements are true (perjury warning).
  • Securities: transfer agents must change registered ownership from decedent to successor(s) upon presentation of the required affidavit.
  • Negotiable instruments: a claiming successor may endorse/negotiat e checks, drafts, or other negotiable instruments payable to the decedent; financial institutions accepting such items are discharged from claims per Uniform Commercial Code sections referenced in the statute.
  • Motor vehicle titles: successors must submit an affidavit to DMV showing applicability of the statute to obtain a new certificate of title. However, after ten years have elapsed since the estate closed, the DMV shall waive the requirement that no application/petition for appointment of a personal representative be pending (subdivision (a)(5)) if the claimant provides evidence the estate closed and an authenticated death certificate.
  • Repealer: the original version of § 30-24,125 is repealed and replaced by the amended text.

Who is affected

  • Succession claimants for small estates (≤ $100,000 in personal property) — simplifies ability to collect property when death certificates are delayed.
  • Banks, financial institutions, and transfer agents — guidance and protections regarding acceptance of successor affidavits and endorsed negotiable instruments.
  • Department of Motor Vehicles — administers title transfers under the adjusted affidavit requirements (with a 10‑year waiver provision).

Legislative actions and timeline

  • Introduced: Jan 10, 2025 (DeBoer; co-introduced Hallstrom)
  • Judiciary hearing: Jan 22, 2025 (proponents included Nebraska Bankers Association, Nebraska Independent Community Bankers, Nebraska State Bar Association)
  • Advanced through Legislature; Final Reading passed 48–0–1 on Feb 21, 2025
  • Presented to Governor: Feb 21, 2025
  • Approved by Governor: Feb 25, 2025

Practical impact

LB 85 reduces administrative delay and transactional friction for successors of small estates by permitting an abstract of death when certified death certificates are not yet available, while maintaining safeguards (affidavit content, perjury penalties, and DMV requirements) to reduce fraud or improper transfers.

Compiled from official sources — confirm details with the bill’s official record.

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