Nebraska 2025 2025-2026 Regular Session

Nebraska Legislature Bill LB85 Comm Sub / Analysis

Filed 01/27/2025

                    ONE HUNDRED NINTH LEGISLATURE - FIRST SESSION - 2025
COMMITTEE STATEMENT
LB85
 
 
Hearing Date: Wednesday January 22, 2025
Committee On: Judiciary
Introducer: DeBoer
One Liner: Change requirements for collection of personal property of decedents' estates by affidavit
 
 
Roll Call Vote - Final Committee Action:
          Advanced to General File
 
 
Vote Results:
          Aye:	8 Senators Bosn, DeBoer, Hallstrom, Holdcroft, McKinney, Rountree,
Storer, Storm
          Nay: 
          Absent: 
          Present Not Voting: 
 
 
Testimony:
Proponents: 	Representing: 
Senator Wendy DeBoer 	Opening Presenter
Jerry  Stilmock	Nebraska Bankers Association
Dexter Schrodt	Nebraska Independent Community Bankers
Tim Hruza	Nebraska State Bar Association
 
Opponents: 	Representing: 
 
Neutral: 	Representing: 
 
* ADA Accommodation Written Testimony
 
 
Summary of purpose and/or changes:
Section 1: Amends § 30-24,125 to allow for the use of an abstract of death when filing a small
estate affidavit if the certified death certificate is delayed. A small estate affidavit (applicable to
estates with a fair market value of $100 thousand or less) allows successors of the estate to get the
property transferred to them without filing a probate action. Currently, the law requires a
decedent’s successor to provide a certified or authenticated copy of the death certificate to prove
that thirty days have passed since the decedent’s death.
Section 2: repeals original section.
 
 
Committee Statement: LB85
Judiciary Committee
Page 1  
Carolyn Bosn, Chairperson
Committee Statement: LB85
Judiciary Committee
Page 2