Nebraska special warranty deed
Here is what Nebraska actually requires on a special warranty deed. The witness rules, the notary block, the margins, the forms that have to travel with it, and where to record it, plus what the deed does and does not do.
- Recording office
- Register of Deeds (or County Clerk)
- Witnesses
- Notary only
- Transfer tax
- $3.32 per $1,000 of value
- First-page margin
- 3″ top
- Recording fee
- $10 first page
- E-recording
- Approved submitters
What a special warranty deed does in Nebraska
A special warranty deed, also called a limited warranty deed or a covenant deed in some states and a grant deed in California, sits between a quitclaim and a general warranty deed. The grantor promises they did nothing during their own ownership to damage the title, and nothing more. Anything that happened before they bought the property is the buyer's risk. Estates, trustees, banks, and builders commonly use it.
The Nebraska law behind this deed
Nebraska has no section written specifically for special warranty deeds. The instrument runs on the general conveyancing and recording statutes below, which is why the requirements here look like those for any other deed in the state.
| What it governs | Citation |
|---|---|
| Conveyances generally | Neb. Rev. Stat. § 76-211 |
| Recording with the Register of Deeds (or County Clerk) | Neb. Rev. Stat. §§ 23-1503.01 and 23-1510 (format), § 33-109 (fees) and § 76-238 (effect of recording) |
| Homestead and spousal consent | Neb. Rev. Stat. § 40-104 |
| Transfer tax | Neb. Rev. Stat. § 76-901 |
When Nebraska property owners use a special warranty deed
- Sell a property you inherited or hold as trustee
- Convey a property you have owned only briefly
- Transfer commercial or investment property
- Give a buyer more protection than a quitclaim without accepting unlimited exposure
What Nebraska requires on the deed
These are the execution and formatting rules registers of deeds enforce. Getting any of them wrong is the usual reason a deed comes back in the mail.
| Requirement | What Nebraska says |
|---|---|
| Recording office | Register of Deeds (or County Clerk) |
| Notarization | Required. Each signer must appear before the notary and acknowledge the signature. Signing in front of the notary is the safest practice. |
| Witnesses | None required. A notarial acknowledgment is enough. |
| Legal description | Required, copied exactly from the prior recorded deed. A street address is not sufficient. |
| Grantee's address | Customary on the deed, and Deedly prints it. Nebraska requires the grantee's address on Form 521 (item 6), not on the deed. |
| Return address | Required on page one, below the 3-inch blank space, together with the document's title (Neb. Rev. Stat. § 23-1510). Deedly prints both there. |
| Preparer statement | Not required, but customary. |
| Prior deed reference | Not required, though it keeps the chain of title clean. |
| Page setup | 8.5 × 11 in, 3-inch clear space at the top of page one, 1-inch margins elsewhere, nothing under 10pt. This is the profile Deedly applies. |
| Accompanying form | Real Estate Transfer Statement (Form 521) |
A spouse may have to sign even if they are not an owner
Both spouses must join to convey a homestead (Neb. Rev. Stat. § 40-104).
How to complete and record it in Nebraska
- Find your current deedYou need the legal description from it, word for word. If you can't find your copy, the Register of Deeds (or County Clerk) can provide one, usually for a few dollars.
- Identify everyone by full legal nameNames must match the current deed and government ID exactly, middle names included. A mismatch creates a gap in the chain of title that shows up years later at closing.
- Complete the deedDeedly builds it with the wording, notary certificate, and 3-inch first-page margin used for Nebraska deeds.
- Sign in front of a notaryBring photo ID. Wait to sign until you are in front of the notary: you have to appear before the notary anyway, and signing there leaves no question about who signed.
- Complete Real Estate Transfer Statement (Form 521)Nebraska requires this alongside the deed, including for exempt transfers. Your filing packet explains which boxes apply to your situation.
- Record it with the Register of Deeds (or County Clerk)File in the county where the property is located and pay the recording fee. Many offices in this state also accept e-recording, but usually only from approved submitters such as title companies. Keep the stamped receipt. It fixes your priority date.
- Update insurance and tax recordsA change of ownership can affect your homeowner's policy, your homestead or senior exemption, and in some states the assessed value. Do this within a few weeks.
What it costs in Nebraska
| Cost | Typical amount |
|---|---|
| Recording fee | $10 for the first page and $6 per additional page |
| Transfer tax | Documentary stamp tax: $3.32 per $1,000 of value, paid by the grantor |
| Notary | A Nebraska notary may charge up to $5 for an acknowledgment, and an online notary up to $25 more for each online notarial act (Neb. Rev. Stat. §§ 33-133, 64-412). |
| Deedly | $49, one time (launch price, regular $69) |
| Attorney (for comparison) | $150–$700 for the same statutory document |
Nebraska charges a documentary stamp tax of $3.32 per $1,000 of value, paid by the grantor.
Exemptions that commonly apply to a transfer like this: deeds between spouses or between parent and child with no actual payment (exemption 5a, Neb. Rev. Stat. § 76-902(5)(a)), deeds between former spouses that convey property held during the marriage with no actual payment (exemption 5a), deeds into the grantor's own revocable trust (exemption 4), deeds from a trustee to a beneficiary of the trust (exemption 20), deeds into any other trust only if a deed straight to the beneficiaries would be exempt and a signed Certificate of Exemption goes with it (exemption 19), deeds that only correct an earlier deed with no added payment (exemption 4), and deeds made under a court decree, including a divorce property settlement (exemption 12). You have to claim the exemption. The recorder won't apply it for you.
Where to record it in Nebraska
Nebraska deeds are recorded with the Register of Deeds (or County Clerk) in the county where the property sits, not where you live. There are 93 counties in Nebraska.
Many Nebraska recording offices accept e-recording through vendors such as Simplifile, CSC, or ePN. E-recording is generally open only to approved submitters such as title companies, attorneys, and lenders, so if you prepared the deed yourself, plan to record in person or by mail. Some offices accept filings from the public through those vendors; your county's website will say.
Recording offices we cover in Nebraska: Douglas, Lancaster, Sarpy, Hall, Buffalo, Scotts Bluff, Cheyenne, Morrill, Kimball, Garden, Deuel, Sioux. See all Nebraska recording offices.
What a special warranty deed does NOT do
Being honest about the limits is more useful than a sales pitch. Every one of these catches somebody out.
- Defects that predate your ownership are not covered. The buyer bears that risk.
- It does not substitute for a title search or an owner's title insurance policy.
- It transfers ownership immediately and cannot be revoked.
- Some purchase contracts specifically require a general warranty deed; check yours before using this one.
Quirks of Nebraska law that catch people out
- Nebraska requires a Real Estate Transfer Statement (Form 521), signed by the grantee, with every deed, exempt or not. A transfer on death deed and its revocation are the exceptions: no Form 521 and no stamp tax when they are recorded.
- Nebraska recognizes transfer-on-death deeds under its Uniform Real Property Transfer on Death Act. The deed needs two disinterested witnesses and a notary who puts everyone under oath, and it must be recorded within 30 days after it is signed.
- Both spouses must sign to convey a homestead in Nebraska.
- Nebraska does not recognize tenancy by the entirety. A married couple who want the survivor to own the whole property take title as joint tenants with right of survivorship, and the deed must say so.
- In Banner, Cheyenne, Kimball and Scotts Bluff counties, and in parts of Deuel, Garden, Morrill and Sioux counties (the areas with active air force missile fields), the purchaser must also sign the affidavit in Neb. Rev. Stat. § 76-2,141 (Department of Revenue Form 521-AFF), or the register of deeds will not record the deed. Every Form 521 asks about it in items 26 and 27.
How to hold title in Nebraska
When two or more people take title in Nebraska and the deed says nothing more, the law presumes a tenancy in common, which means no automatic survivorship. If you want the survivor to take the whole property, the words have to be on the deed. Forms of co-ownership available in Nebraska: joint tenancy with right of survivorship and tenancy in common.
$49, one time. Your finished deed appears in full before you pay, with Nebraska's witness rules, margins, and recording instructions already applied.
Common questions
No. Nebraska has no requirement that an attorney prepare a deed. What matters is the correct statutory language, an accurate legal description, proper notarization, and recording with the Register of Deeds (or County Clerk). Deedly produces all of that for $49, versus roughly $150–$700 for an attorney to draft the same document. If ownership is disputed, the current owner has died without probate, or the transfer is tax-sensitive, use an attorney.
Expect $10 for the first page and $6 per additional page. Nebraska also charges documentary stamp tax of $3.32 per $1,000 of value, paid by the grantor, though whether a gift or family transfer is exempt depends on this state's exemptions, listed on this page. Set by state law and the same in every Nebraska county (Neb. Rev. Stat. § 33-109). If the 3-inch top space is missing, the register adds a page and charges for it (§ 23-1503.01).
No. Nebraska requires only that the grantor's signature be acknowledged before a notary public. A transfer on death deed is the exception: it needs two disinterested witnesses and a notary who puts the owner and both witnesses under oath (Neb. Rev. Stat. § 76-3409).
With the Register of Deeds (or County Clerk) in the county where the property is located, not where you live, and not where the buyer lives. Nebraska has 93 counties. Many offices in this state also accept e-recording, but usually only from approved submitters such as title companies.
No, and this is the single most common misunderstanding about deeds. A deed changes who owns the property. The mortgage is a separate contract with the lender, and only a refinance or a written release from the lender removes a borrower. Someone can be off the deed and still fully liable on the loan.
Often, yes. Both spouses must join to convey a homestead (Neb. Rev. Stat. § 40-104). That surprises people, because the spouse is not becoming an owner. They are releasing rights the law gives them automatically. Deedly adds a joinder block for the signature when it applies.
Keep reading
- Nebraska quitclaim deedTransfers whatever interest you have in a property, with no promises about the title.
- Nebraska general warranty deedTransfers ownership with the strongest title guarantees the law allows.
- Nebraska transfer-on-death deedNames who inherits your property, skips probate, and changes nothing while you're alive.
- Nebraska life estate deedYou keep the right to live in the property for life; named remaindermen own it after you.
- All deed rules for NebraskaRecording offices, transfer tax, witness rules, and fees.
- Nebraska recording officesWhere to file in each county.
Deedly is not a law firm
Its software and documents are not a substitute for the advice of an attorney. We provide self-help software and state-specific deed forms; you make your own decisions about your property. Using Deedly does not create an attorney-client relationship, and nothing here is legal advice. If your situation is complex or contested, talk to a licensed attorney in your state.