Nebraska: Transfer-on-Death Deed Requirements

Nebraska allows a transfer on death deed under the Nebraska Uniform Real Property
Transfer on Death Act, Neb. Rev. Stat. §§ 76-3401 to 76-3424. Unlike most states
using this model, Nebraska requires two disinterested witnesses and a short recording clock.

How to sign it

Under Neb. Rev. Stat. § 76-3409, the transferor signs — or directs another person to sign
in the transferor's presence — and at least two disinterested witnesses attest in writing.
A witness is not disinterested if the witness is a named beneficiary or an heir, child, or
spouse of a beneficiary under § 76-3402(3).

The transferor and witnesses make their signatures before an officer authorized to administer
oaths. The officer's certificate must be under official seal. In ordinary practice, that means
the transferor and both witnesses appear together before a notary, swear to the statutory
declarations, and sign. Nebraska uses will capacity under § 76-3408.

The deed must also contain the warnings required by § 76-3410(b). They address Nebraska
inheritance tax, the beneficiary's possible liability for Medicaid and estate claims, and the
Department of Health and Human Services' ability to require revocation for Medicaid
eligibility. For a deed created after September 3, 2025, the deed must add the statutory
warning about property insurance potentially ending within 30 days after death. A wording
defect in the warnings does not itself invalidate a recorded deed, but omitting the required
content invites avoidable trouble.

Recording requirement

Nebraska has two simultaneous deadlines. Neb. Rev. Stat. § 76-3410(a)(4) requires the
deed to be recorded:

• within 30 days after execution;
• before the transferor's death; and
• with the register of deeds in the county where the property is located.

Missing either time condition defeats the statutory method. A deed signed correctly but
recorded on day 31 is too late even if the owner is alive; a deed recorded inside 30 days but
only after death is also too late.

Revoking it

Under Neb. Rev. Stat. § 76-3413, a recorded TOD deed may be revoked through a later TOD
deed, an express instrument of revocation, or an inter vivos deed. A separate express
revocation must use the same § 76-3409 formalities — including two disinterested witnesses —
and must be acknowledged after the deed being revoked and recorded before death.

Writing "revoked" on the original or destroying the paper does not change the land records.
If joint owners made the deed, all living joint owners who were transferors must revoke the
joint-owner deed together.

Eligible property and owner

An individual may transfer an interest in Nebraska real property. Existing survivorship still
controls: under Neb. Rev. Stat. § 76-3415(c), a surviving joint owner takes before the TOD
beneficiary, and the deed becomes effective only for the last surviving joint-owner
transferor.

Nebraska also speaks directly to agricultural land. Under § 76-3405, growing crops pass
to the transferor's estate unless the TOD deed directs the crops to one or more beneficiaries.

Beneficiary survival and what passes

Nebraska's default survival period is 120 hours. Under Neb. Rev. Stat. § 76-3415(a)(2),
a beneficiary who does not survive that long is treated as having died first, unless the deed
sets a different survival period.

Multiple beneficiaries take equal undivided shares without survivorship. If one share fails,
it passes proportionately to the remaining co-beneficiaries. The property arrives subject to
the mortgages, liens, contracts, and other interests in place at death, and without any title
warranty.

Creditor and Medicaid reach

The deed provides no debt shelter. During life, Neb. Rev. Stat. § 76-3414 says it does not
affect any secured, unsecured, or future creditor of the transferor and creates no beneficiary
interest.

After death, § 76-3417 makes the beneficiary personally liable when estate assets cannot
pay claims, spouse-and-child allowances, and administration expenses. Liability is based on
a proportionate share of the date-of-death fair-market-value equity received. A proceeding
under that section generally must begin within one year after death and requires a written
demand to the personal representative.

Medicaid is express, not implied. Current Neb. Rev. Stat. § 68-919(4) includes assets
transferred through a "transfer on death deed" in the recipient's recovery estate. The deed's
own required warning likewise tells the beneficiary that personal liability may be needed to
pay Medicaid reimbursement after estate assets are applied.

What trips people up

• Both clocks matter. Record within 30 days of execution and before death.
• The witnesses must be disinterested. A beneficiary or a beneficiary's heir, child, or
  spouse is not eligible.
• An express revocation repeats the formalities. It needs the § 76-3409 witness procedure,
  not just the owner's notarized signature.
• New deeds need the insurance warning. Deeds created after September 3, 2025 must include
  the additional § 76-3410(b)(2) warning.

Common questions

Can the notary also replace one of the witnesses? The statute separately requires at least
two disinterested witnesses and an officer who administers the oaths and certifies the signing.
Use two qualifying witnesses in addition to the notarial officer.

Can I record after 30 days if I am still alive? No. Section 76-3410 requires recording
within 30 days after execution as well as before death.

What if my beneficiary dies a few days after me? Unless the deed changes the period, the
beneficiary must survive by 120 hours. Otherwise the beneficiary is treated as predeceased.

Does the deed protect the home from Medicaid recovery? No. Section 68-919 expressly
includes TOD-deed transfers in Nebraska's expanded Medicaid recovery estate.

Statutes and sources

• Neb. Rev. Stat. §§ 76-3401 to 76-3424 (Nebraska Uniform Real Property Transfer on Death Act) — https://nebraskalegislature.gov/laws/display_html.php?begin_section=76-3401&end_section=76-3424 (accessed 2026-07-11)
• Neb. Rev. Stat. § 76-3409 (owner signature, two disinterested witnesses, sworn/notarial certificate) — https://nebraskalegislature.gov/laws/statutes.php?statute=76-3409 (accessed 2026-07-11)
• Neb. Rev. Stat. § 76-3410 (required warnings; 30-day and before-death recording) — https://nebraskalegislature.gov/laws/statutes.php?statute=76-3410 (accessed 2026-07-11)
• Neb. Rev. Stat. § 76-3413 (recorded revocation methods and formalities) — https://nebraskalegislature.gov/laws/statutes.php?statute=76-3413 (accessed 2026-07-11)
• Neb. Rev. Stat. § 76-3415 (120-hour survival, co-beneficiaries, liens, joint owners) — https://nebraskalegislature.gov/laws/statutes.php?statute=76-3415 (accessed 2026-07-11)
• Neb. Rev. Stat. § 76-3417 (beneficiary liability for claims, allowances, and expenses) — https://nebraskalegislature.gov/laws/statutes.php?statute=76-3417 (accessed 2026-07-11)
• Neb. Rev. Stat. § 68-919 (Medicaid recovery estate expressly includes TOD deeds) — https://nebraskalegislature.gov/laws/statutes.php?statute=68-919 (accessed 2026-07-11)