Affidavit of Surviving Joint Tenant - Nebraska

AFFIDAVIT OF SURVIVING JOINT TENANT

State of Nebraska

Recording Requested By:
_____________________________________________

When Recorded Return To:
_____________________________________________
_____________________________________________
_____________________________________________

Property Address:
_____________________________________________

SPACE ABOVE THIS LINE FOR RECORDER'S USE (Minimum 3 inches x 8.5 inches required per Neb. Rev. Stat. 23-1503.01)

DOCUMENT INFORMATION

AFFIDAVIT OF SURVIVING JOINT TENANT

STATE OF NEBRASKA
COUNTY OF _________________

_____________________________________________ ("Affiant"), being first duly sworn upon oath, deposes and states as follows:

1. Identity and Competency of Affiant

Affiant is over the age of nineteen (19) years, is competent to testify, and makes this Affidavit upon Affiant's own personal knowledge of the facts stated herein. Affiant's mailing address is:

_____________________________________________
_____________________________________________

2. The Decedent

_____________________________________________ ("Decedent") died on [__/__/____] at _________________________ (city), _________________ County, State of _________________.

A certified copy of the Decedent's death certificate is attached hereto as Exhibit "B" and is recorded herewith.

☐ Affiant's relationship to the Decedent (if any): _____________________________________________

3. The Vesting Instrument Creating the Joint Tenancy

Title to the real property described in Exhibit "A" ("Property") was conveyed to Affiant and the Decedent as grantees by the following instrument ("Vesting Deed"), which created a joint tenancy with right of survivorship and not a tenancy in common:

Vesting language quoted from the deed (verbatim):
"_____________________________________________
_____________________________________________"

The grantees took title as joint tenants and not as tenants in common, with right of survivorship, pursuant to Neb. Rev. Stat. § 76-118.

4. The Property

The Property that was the subject of the Vesting Deed is described in Exhibit "A" attached hereto and incorporated herein by reference (statement of the legal description of the property being transferred, per Neb. Rev. Stat. § 76-2,126).

Property Address: _____________________________________________

Parcel ID/Tax Lot: _____________________________________________

5. Affiant Is the Surviving Grantee / Joint Tenant

Affiant is one and the same person named as a surviving grantee in the Vesting Deed and is the surviving joint tenant. Affiant and the Decedent remained joint tenants continuously from the date of the Vesting Deed until the death of the Decedent. The joint tenancy was never severed, partitioned, terminated, or conveyed during the Decedent's lifetime.

☐ Affiant is the sole surviving joint tenant.
☐ The surviving joint tenant(s) (surviving grantee(s)) is/are: _____________________________________________

6. Vesting of Title in the Survivor by Right of Survivorship

Upon the death of the Decedent, the Decedent's ownership interest in the Property terminated by operation of law and passed automatically to the surviving joint tenant(s) by right of survivorship. The Decedent's interest in the Property did not pass under the Decedent's will or by intestate succession and is not subject to administration in the Decedent's probate estate.

7. Inheritance Tax and Lien Statement

To the best of Affiant's knowledge and belief:

☐ Any Nebraska inheritance tax due with respect to the Decedent's joint-tenancy interest in the Property has been or will be determined and paid in the proper county court, OR no Nebraska inheritance tax is due.

☐ The Decedent's interest in the Property is free of unpaid liens, judgments, or encumbrances created by the Decedent that remain undischarged, except as follows:
_____________________________________________
_____________________________________________

Note (Nebraska): Nebraska imposes a county-level inheritance tax (Neb. Rev. Stat. § 77-2003 et seq.). Survivorship real property may be subject to inheritance tax based on the relationship of the survivor to the Decedent and the value of the interest passing. Recording this Affidavit clears title of record but does not by itself satisfy or release any inheritance tax obligation; consult the county court and a Nebraska attorney.

8. Statutory Basis and Request to Record

This Affidavit, together with the attached certified copy of the Decedent's death certificate and the legal description of the Property, is made and recorded pursuant to Neb. Rev. Stat. § 76-2,126, which provides that the death certificate, a statement of the surviving grantee, and the legal description of the property being transferred shall be attached to the death certificate and recorded. Affiant requests that the Register of Deeds of _________________ County, Nebraska, record this Affidavit and its attachments.

VERIFICATION / JURAT

FURTHER AFFIANT SAYETH NAUGHT.

I declare under oath and under penalty of perjury under the laws of the State of Nebraska that the foregoing is true and correct.

_____________________________________________ (Affiant Signature — Black or Dark Blue Ink)

_____________________________________________
Printed Name of Affiant

Date: [__/__/____]

STATE OF NEBRASKA
COUNTY OF _________________

Subscribed and sworn to before me on this _____ day of _________________, 20_____, by _____________________________________________, who is known to me (or proved to me on the basis of satisfactory evidence) to be the identical person whose name is subscribed to the foregoing Affidavit.

☐ Witness my hand and notarial seal.

_____________________________________________
Notary Public

My commission expires: _____________________________________________

[NOTARIAL SEAL]

EXHIBIT A — LEGAL DESCRIPTION

Legal Description of Property Being Transferred (Neb. Rev. Stat. § 76-2,126):

_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________

County of _________________, State of Nebraska

Parcel ID/Tax Lot: _____________________________________________

EXHIBIT B — CERTIFIED DEATH CERTIFICATE

A certified copy of the death certificate of the Decedent, _____________________________________________, is attached to this Affidavit and recorded herewith, as required by Neb. Rev. Stat. § 76-2,126.

NEBRASKA RECORDING REQUIREMENTS AND INFORMATION

Recording Requirements

Document Format Requirements (Neb. Rev. Stat. 23-1503.01)

• Top Margin: Minimum 3 inches by 8.5 inches blank space for recording information
• Side/Bottom Margins: Minimum 1 inch on vertical sides and bottom
• Paper Size: Minimum 8.5" x 11", maximum 8.5" x 14"
• Paper Weight: Minimum 20-pound, white, no watermarks
• Font Size: Minimum 8-point
• Signatures: Black or dark blue ink

Important Nebraska Notes

1. Joint tenancy creation. Neb. Rev. Stat. § 76-118 governs whether a conveyance creates a joint tenancy. Confirm the vesting deed states the grantees take "as joint tenants and not as tenants in common."

2. Statutory clearance procedure. Neb. Rev. Stat. § 76-2,126 (enacted by Laws 2012, LB536) provides the recording mechanism: death certificate + surviving grantee's statement + legal description, recorded with the Register of Deeds.

3. Inheritance tax. Nebraska's county-level inheritance tax may apply to survivorship property; the Affidavit clears record title but does not satisfy any inheritance tax obligation.

4. Severance. A joint tenant may sever the joint tenancy by conveyance under § 76-118; confirm no severance occurred during the Decedent's lifetime.

5. Legal counsel. Consultation with a licensed Nebraska attorney is recommended.

PREPARED BY:

_____________________________________________
Name

_____________________________________________
Address

_____________________________________________
Phone/Email

This template is provided for informational purposes only and does not constitute legal advice. Consult with a licensed Nebraska attorney before using this form.