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NE LB85

NE LB85
Change requirements for collection of personal property of decedents' estates by affidavit


summary

Introduced
01/10/2025
In Committee
01/14/2025
Crossed Over
01/30/2025
Passed
02/21/2025
Dead
Signed/Enacted/Adopted
02/26/2025

Introduced Session

109th Legislature

Bill Summary

A BILL FOR AN ACT relating to decedents' estates; to amend section 30-24,125, Revised Statutes Cumulative Supplement, 2024; to change requirements for collection of personal property by affidavit as prescribed; and to repeal the original section.

AI Summary

This bill modifies the requirements for collecting personal property from a deceased person's estate using an affidavit, making key changes to the existing process. The bill allows for an alternative to using a certified death certificate by permitting an "abstract of death" in cases where obtaining a certified death certificate is delayed. The affidavit process remains applicable for estates valued at $100,000 or less, and requires the claiming successor to provide details about their relationship to the deceased, swear to the truthfulness of their statements, and acknowledge potential perjury penalties. The bill maintains provisions allowing financial institutions and transfer agents to accept such affidavits for transferring ownership of assets, including negotiable instruments and vehicle titles. A notable addition is a provision that after ten years, the Department of Motor Vehicles will waive the requirement of proving no pending estate proceedings when transferring vehicle titles, provided the person can show the estate has been closed and provide a death certificate. This change aims to simplify the asset transfer process for heirs and executors, particularly in cases with smaller estates or after a significant time has passed since the person's death.

Committee Categories

Justice

Sponsors (1)

Last Action

Approved by Governor on February 25, 2025 (on 02/26/2025)

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