Affidavit of Surviving Joint Tenant - Nebraska

Nebraska Real Estate Updated October 6, 2026 Free Word and PDF

AFFIDAVIT OF SURVIVING JOINT TENANT

Prepared by: [NAME AND MAILING ADDRESS]

Return recorded instrument to: [NAME AND MAILING ADDRESS]

Recording county: [COUNTY] County, Nebraska

Property street address for reference: [ADDRESS]

Parcel number for reference: [PARCEL NUMBER]

I, [AFFIANT FULL LEGAL NAME], being first duly sworn, state from personal knowledge:

  1. I am the person identified as [NAME AS IT APPEARS IN RECORDED DEED] in the deed described below, or my name has since changed as shown by [IDENTIFY NAME-CHANGE RECORD]. My mailing address is [ADDRESS].

  2. The recorded deed is titled [TYPE OF DEED], dated [DATE], and was recorded on [DATE] in [COUNTY] County as Instrument No. [NUMBER] or Book [BOOK], Page [PAGE]. The grantors were [NAMES], and the grantees were [NAMES]. The deed's complete legal description is reproduced in Exhibit A. Its exact language establishing the form of co-ownership is: [QUOTE RECORDED VESTING LANGUAGE].

  3. [DECEASED JOINT TENANT FULL NAME], also identified in that deed as [NAME AS RECORDED], died on [DATE] in [PLACE]. The death certificate is identified as [ISSUING AUTHORITY, DATE, AND CERTIFICATE NUMBER OR OTHER IDENTIFIER].

  4. I survived that person. The other surviving joint tenants, if any, are [NAMES / NONE]. To my knowledge, no later recorded deed, partition order, or other transaction changed the joint tenancy described above before the death, except [DESCRIBE / NONE KNOWN].

  5. For the death-certificate filing required by Neb. Rev. Stat. § 76-2,126, select one accurate statement: ☐ The death certificate is being submitted to the Register of Deeds with this affidavit. ☐ The death certificate was previously filed in [COUNTY] County as Instrument No. [NUMBER] on [DATE].

  6. I provide this affidavit to identify the recorded deed, the deceased joint tenant, and the surviving joint tenant or tenants. I do not represent that this affidavit itself replaces the death certificate filing or resolves taxes, liens, or any disputed title interest.

Affiant signature: ______________________________

Printed name: [AFFIANT NAME]

Date signed: [__/__/____]

Jurat

State of [STATE], County of [COUNTY]. Subscribed and sworn to before me on [DATE] by [AFFIANT NAME], whose identity was established by [IDENTIFICATION METHOD].

Notarial officer signature: ______________________________

Printed name and title: [NAME AND TITLE]

Commission expiration and seal, if applicable: [DETAILS]

Exhibit A — legal description from the recorded deed

[INSERT COMPLETE LEGAL DESCRIPTION OR ATTACH A LEGIBLE COPY THAT IDENTIFIES THE RECORDING REFERENCE]

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About this template

Last updated
October 6, 2026
Citations checked
October 6, 2026
Jurisdiction
Nebraska
Category
Real Estate

Legal authority

  • Neb. Rev. Stat. § 76-2,126 (death certificate filing for joint tenancy transfer)
  • Neb. Rev. Stat. § 23-1503.01 (format of instruments submitted for recording)

Real estate documents transfer ownership, define who can use a property, and record agreements between buyers, sellers, landlords, and tenants. Deeds, purchase agreements, leases, and easements have to be drafted to meet state recording requirements, and mistakes show up at closing or years later in title disputes. Good real estate paperwork moves transactions forward quickly and avoids the kind of problems that only surface when it is time to sell or refinance.

Not legal advice

This template is provided for informational purposes. We recommend having an attorney review any legal document before signing, especially for high-value or complex matters.

Checked against the law it cites

A reviewer verified this template's legal citations against the official source on October 6, 2026.

Neb. Rev. Stat. § 76-2,126 (checked October 6, 2026): "If a conveyance of real estate was pursuant to (1) a transfer on death deed due to the death of the transferor or the death of a surviving joint tenant of the transferor, (2) a joint tenancy deed due to the death of a joint tenant, or (3) the expiration of a life estate, then a death certificate shall be filed with the register of deeds to document the transfer of title to the beneficiary of the transfer on death deed, to the surviving joint tenant or joint tenants, or to the holder of an interest in real estate which receives that interest as a result of the death of a life tenant."

Neb. Rev. Stat. § 76-2,126 (checked October 6, 2026): "If the conveyance of real estate was pursuant to a transfer on death deed, a cover sheet indicating the title of the document, the previously recorded document data, and the grantor, surviving grantee, and legal description of the property being transferred shall be attached to the death certificate and recorded."

Neb. Rev. Stat. § 23-1503.01(1) (checked October 6, 2026): "Any instrument submitted for recording in the office of the register of deeds shall contain a blank space at the top of the first page which is at least three inches by eight and one-half inches in size"

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