Nebraska transfer-on-death deed
A transfer-on-death deed lets you name who inherits your Nebraska property without probate, while you keep full control, including the power to sell or mortgage it without anyone's signature. Here is exactly what Nebraska requires, what it costs, and where to file it.
- Recording office
- Register of Deeds (or County Clerk)
- Witnesses
- 2 + notary
- Transfer tax
- None when recorded
- First-page margin
- 3″ top
- Recording fee
- $10 first page
- E-recording
- Approved submitters
What a transfer-on-death deed does in Nebraska
A transfer-on-death deed (a beneficiary deed in Arizona, Arkansas, Colorado and Missouri) names the person who should receive your real estate when you die. You record it now, but it transfers nothing until death: you keep full ownership, you can sell or mortgage the property, and you can revoke the deed at any time without your beneficiary's consent. When you die, the property passes outside probate. Your beneficiaries then record the documents your state requires to show them as the owners; in a few states that filing has a deadline, or is what completes the transfer.
In Nebraska the governing statute is Neb. Rev. Stat. § 76-3401 et seq. Nebraska's Uniform Real Property Transfer on Death Act requires two disinterested witnesses and a notary who puts everyone under oath, and the deed must be recorded within 30 days after it is signed and before the owner's death (Neb. Rev. Stat. §§ 76-3409, 76-3410).
The Nebraska law behind this deed
Start with Neb. Rev. Stat. § 76-3401 et seq. if you want to read the statute's own language. The table below lists the main statutes behind the rules on this page.
| What it governs | Citation |
|---|---|
| Transfer-on-death deeds specifically | Neb. Rev. Stat. § 76-3401 et seq. |
| 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 transfer-on-death deed
- Leave a house to your children without probate
- Keep real estate out of a will contest
- Get probate avoidance without paying for a full living trust
- Name a backup beneficiary in case your first choice dies first
- Revoke or change an earlier beneficiary designation
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, under oath. You and both witnesses sign in front of the notary, who puts all three of you under oath and completes the certificate printed on the deed (Neb. Rev. Stat. § 76-3409). |
| Witnesses | Two disinterested witnesses, plus a notary who puts all three of you under oath. A witness cannot be a beneficiary, or a beneficiary's heir, child or spouse (Neb. Rev. Stat. §§ 76-3402, 76-3409). |
| Legal description | Required, copied exactly from the prior recorded deed. A street address is not sufficient. |
| Grantee's address | Not required by Nebraska law. Deedly prints each beneficiary's mailing address anyway. |
| 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 | None when you record it. |
| Timing | Must be recorded within 30 days after it is signed, and before the owner's death (Neb. Rev. Stat. § 76-3410). A deed recorded on day 31 does not work. |
A transfer-on-death deed needs 2 witnesses in Nebraska, even though an ordinary Nebraska deed needs none
Nebraska requires two disinterested witnesses for a transfer on death deed. You and both witnesses sign in front of a notary, who puts you under oath and completes the certificate printed on the deed. A beneficiary, or a beneficiary's heir, child or spouse, cannot be a witness (Neb. Rev. Stat. §§ 76-3402, 76-3409). A revocation must be signed the same way (§ 76-3413).
Your spouse should consent in writing
If you are married, have your spouse sign the consent on this deed. Without it, your surviving spouse can claim part of this property through the elective share (Neb. Rev. Stat. § 30-2314). If the property is your homestead, have your spouse sign in any case (§ 40-104). When you enter your spouse's name, Deedly prints the consent and names your spouse in the officer's certificate.
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 and 2 witnesses. Wait to sign until you are in front of the notary and the witnesses, who must see you sign.
- 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.
- Tell your beneficiaries where it isAfter your death, a beneficiary records a certified copy of your death certificate with the Register of Deeds. Nebraska requires a cover sheet attached to it, showing the document title, the recording information of this deed, your name, the surviving beneficiary and the legal description, and a Form 521 signed by the beneficiary (Neb. Rev. Stat. §§ 76-2,126 and 76-214). No stamp tax is due on it. Nebraska inheritance tax may be owed on the property.
What it costs in Nebraska
| Cost | Typical amount |
|---|---|
| Recording fee | $10 for the first page and $6 per additional page |
| Transfer tax | None when recorded |
| 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 |
A transfer on death deed, and a revocation of one, is exempt from documentary stamp tax (Neb. Rev. Stat. § 76-902(16)) and is recorded without a Form 521 (§ 76-214(2)(b)). After your death, your beneficiary files a Form 521 with the death certificate.
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 transfer-on-death deed does NOT do
Being honest about the limits is more useful than a sales pitch. Every one of these catches somebody out.
- Only 34 states plus DC recognize it. Recording one in a state that does not accept it accomplishes nothing.
- It does not clear the mortgage. Your beneficiary takes the property subject to any loan, lien, or judgment against it.
- It doesn't protect the property from your creditors, and in many states it doesn't shield the property from Medicaid estate recovery.
- The beneficiary receives no ownership interest until you die. They cannot be added as a co-owner this way.
- If a beneficiary dies before you, what happens to their share depends on state law: in some states it passes to the other beneficiaries or to the beneficiary's descendants, in others it fails. Naming an alternate, where your state's form allows one, avoids the question.
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.
$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 2 witnesses, 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. A transfer on death deed, and a revocation of one, is exempt from documentary stamp tax (Neb. Rev. Stat. § 76-902(16)) and is recorded without a Form 521 (§ 76-214(2)(b)). After your death, your beneficiary files a Form 521 with the death certificate. 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).
Yes. Nebraska requires two disinterested witnesses for a transfer on death deed. You and both witnesses sign in front of a notary, who puts you under oath and completes the certificate printed on the deed. A beneficiary, or a beneficiary's heir, child or spouse, cannot be a witness (Neb. Rev. Stat. §§ 76-3402, 76-3409). A revocation must be signed the same way (§ 76-3413). Note that this is stricter than an ordinary Nebraska deed, which needs no witnesses at all. Deedly puts the right number of witness lines on your document automatically.
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.
Yes. Transfer-on-death deeds are revocable during your lifetime. You can record a revocation, signed with two disinterested witnesses before a notary like the deed itself, record a new transfer on death deed, or sell the property. A revocation or new deed works only if it is recorded before your death, and a deed signed by joint owners with right of survivorship is revoked only if every one of them still living signs (Neb. Rev. Stat. § 76-3413). You don't need your beneficiary's permission for any of it.
Yes, for this property. On your death the property passes directly to the people you named, outside probate. A beneficiary then records a certified copy of your death certificate, with the cover sheet Nebraska requires and a Form 521 signed by the beneficiary (Neb. Rev. Stat. §§ 76-2,126 and 76-214). It doesn't avoid probate for anything else you own, it doesn't clear the mortgage, and it doesn't protect the property from your creditors.
Not as an owner, but your spouse should consent in writing. If you are married, have your spouse sign the consent on this deed. Without it, your surviving spouse can claim part of this property through the elective share (Neb. Rev. Stat. § 30-2314). If the property is your homestead, have your spouse sign in any case (§ 40-104). When you enter your spouse's name, Deedly prints the consent on the deed and names your spouse in the officer's certificate.
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 special warranty deedTransfers ownership, but only guarantees the title for the period you owned it.
- 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.