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1 SMALL ESTATE AFFIDAVIT Collection of Personal Property State of NebraskaCounty of ___________________________ I, ___________________________, upon being duly sworn, state on my oath that: 1. My post office address is: ___________________________. 2. My residence address is: ___________________________. 3. I am a legal successor to the decedent, ___________________________, who resided at ___________________________. 4. I am entitled to be named as a successor to the decedent due to my relationship to the decedent, or I have a claim to the personal property of the decedent, namely, ___________________________. 5. The decedent passed from this life on the ________ day of ___________________________, 20________. 6. The value of all of the personal property in the decedent's estate, wherever located, less liens and encumbrances, does not exceed fifty thousand dollars ($50,000). 7. At least thirty (30) days have elapsed since the death of the decedent. 8. No application or petition for the appointment of a personal representative is pending or has been granted in any jurisdiction. 9. I am entitled to payment or delivery of the property hereby claimed. THE FOREGOING STATEMENT IS MADE UNDER THE PENALTIES OF PERJURY. ________________________________________ Signature of Affiant State of NebraskaCounty of ___________________Subscribed and sworn to before me on this the _____ day of _________________, 20____. ____________________________________ Notary Public, State of Nebraska Printed Name: ________________________ My Commission Expires: _________________
Signed: date: signature of affine state of nebraskacounty of subscribed and sworn to before me on this and , 20. (c) the personal representatives of the decedent may be appointed by will, and any will must either be executed in the presence of the court, and be executed under the penalties for perjury, or be recorded separately, a certified copy of the record being filed in the clerk of the court, as is provided by law. In such cases, the personal representative may appear at the hearing on the petition for appointment as the personal representative of the decedent, and the court may hear the testimony of any witnesses or other persons, as provided by law for all other legal proceedings. (d) when one or more persons other than the personal representative have entered into an agreement as to the distribution among them of the estate of the decedent, under any provision of law, and it becomes a question whether an executor is needed to distribute the estate or other personal property of the decedent, in addition to the personal representative, upon proof of some other fact, such as that the property was not sufficiently paid to the others, the court or a majority thereof, may direct the executor or his or her assignee or agent to appear at the hearing upon the petition for appointment as executor. The court shall fix a day and hour at which the executor or assignee may appear and upon a showing sufficient to show that he or she has no need for the appointment, or does not appear, a judge shall make the appointment without the appointee. (e) in determining whether the appointment is required for the exercise of rights of a personal representative, the court or a majority thereof, may take into consideration the size of the estate, the state of the personal representative's personal assets and liabilities, the income or expenditures incurred by the personal representative over the last five years, and other factors that would affect the decision whether the appointment is necessary. (f) in case a personal representative has been appointed after a hearing thereon, the personal representative is still an appropriate party to represent the interests of the decedent and may enforce the personal representative's duties as a personal representative of the decedent to the extent that the personal representative has not so been appointed. Sec. 4. Upon application by a personal representative, or upon the request of any person whom the court, upon an order of.