Nebraska property deeds

Deeds Nebraska recognizes

Nebraska does not recognize lady bird deeds, so recording one here may not do what you want.

How a deed has to be signed in Nebraska

Nebraska requires the grantor's signature to be acknowledged before a notary public. No witnesses are required. 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).

Nebraska document formatting rules

A safe layout for Nebraska is 8.5 × 11 inch paper with a 3-inch clear space at the top of the first page for the register of deeds' stamp, 1-inch margins elsewhere, and no type smaller than 10 point. That is the profile Deedly formats every Nebraska document to. Writing into the recorder's stamp area is the most common formatting rejection there is.

• Nebraska requires the document to be printed in black ink on white paper of at least 20-pound weight with no watermark, every signature to be in black or dark blue ink, and each party's name to be typed or printed beneath the signature (Neb. Rev. Stat. § 23-1503.01).

Nebraska transfer tax and recording fees

Nebraska charges Documentary stamp tax at $3.32 per $1,000 of value, paid by the grantor. That rate applies to transfers from July 18, 2026 through December 31, 2031, and falls to $2.32 per $1,000 on January 1, 2032 (Neb. Rev. Stat. § 76-901). On a gift, or a deed for a nominal price such as $10, the tax is figured on the property's current market value.

Common exemptions: 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).

Recording fees run $10 for the first page and $6 per additional 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).

See how Nebraska's transfer tax and recording fee compare with other states.

How to hold title in Nebraska

• Sole ownership. One person owns everything.
• Tenancy in common. Separate, divisible shares with no survivorship. A deceased owner's share goes to their heirs.
• Joint tenancy with right of survivorship. Equal shares; the survivor takes the whole property automatically.

Where to record a deed in Nebraska

Deeds are recorded with the Register of Deeds (or County Clerk) in the county where the property is located. Nebraska has 93 counties. Many offices accept e-recording, but usually only from approved submitters such as title companies, attorneys, and lenders.

Douglas · Lancaster · Sarpy · Hall · Buffalo · Scotts Bluff · Cheyenne · Morrill · Kimball · Garden · Deuel · Sioux · Banner. all Nebraska recording offices

Why deeds get rejected in Nebraska

• 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.