How to change title after a spouse dies so a child becomes owner — Nebraska

Quick answer: First, identify how the property was titled. If the deceased spouse owned the property alone, you will usually need to open probate (or use any applicable small‑estate procedure) so a personal representative can sign and record a deed to your child. If the property was jointly owned with rights of survivorship, title typically passes automatically to the surviving joint owner and you may only need to record the death certificate and an affidavit to clear the record. In all cases contact the county register of deeds and consider consulting a Nebraska probate attorney.

Detailed Answer

1) Find and read the recorded deed

Locate the current deed (usually on file at the county register of deeds where the property is located). The deed’s words tell you how title was held:

“Joint tenants with right of survivorship” or similar language — the surviving co‑owner automatically owns the property on the other owner’s death.
“Tenants in common” — each owner has a separate share that becomes part of the deceased owner’s estate.
Only the deceased spouse listed as owner — the property is part of the deceased person’s estate.

2) Obtain an official certified death certificate

Order several certified copies of your wife’s death certificate from the Nebraska Department of Health & Human Services or the local vital records office. Many offices and the register of deeds will ask for a certified copy when you record documents to transfer title.

3) Determine whether probate is required

If the deceased was sole owner or held the property as a tenant in common, the interest owned by the deceased usually must be transferred through probate (or a statutory small‑estate or summary procedure, if available and applicable). Nebraska’s probate statutes and rules govern opening an estate and appointing a personal representative who can sign deeds on behalf of the estate. See Nebraska probate statutes for more on administration: Neb. Rev. Stat. Chapter 30 (Probate).

4) If title passed automatically to a surviving co‑owner

When title passed by survivorship (joint tenancy with right of survivorship), the surviving owner may need to clear the record. Typical steps:

Prepare an Affidavit of Survival or Affidavit of Death of Joint Tenant (check your county’s form requirements).
Attach a certified copy of the death certificate.
Record the affidavit and death certificate at the county register of deeds to update the chain of title.

5) If probate is required (typical path to create a new deed to a child)

File a petition in the county probate court to open the estate and appoint a personal representative (executor/administrator).
The court issues Letters Testamentary or Letters of Administration to the personal representative.
The personal representative obtains authority to sell or transfer real property, inventories estate assets, pays valid claims and taxes, and follows any directions in a will or in Nebraska intestacy law.
Once authorized by the court and after required notices and any accounting, the personal representative prepares a deed (usually a personal representative’s deed or executor’s deed) that transfers the deceased’s interest to the child named in the will or as an intestate heir.
The personal representative signs the deed in the required form, has the signature notarized, and records the deed with the county register of deeds in the county where the property lies.

For Nebraska probate rules and procedures see the Nebraska probate statutes: Neb. Rev. Stat. Chapter 30.

6) Recording the new deed

Take the signed and notarized deed plus necessary supporting documents (certified death certificate; letters testamentary or letters of administration if the deed is signed by a personal representative; any required affidavits) to the county register of deeds where the property is located. Pay the recording fee. The register of deeds will record the deed and return a recorded copy for your records.

7) Other issues to check before recording

Mortgage or lien: If a mortgage exists, contact the lender—mortgage payoff or lender consent may be required.
Property taxes: Make sure taxes are current and understand how transfer affects tax liability.
Title insurance: Consider ordering a title search or updating title insurance to confirm there are no hidden liens or defects.
Homestead or spousal allowances: Nebraska law provides for certain family allowances or homestead protections that may affect estate distribution. See Chapter 30 for probate allowances: Neb. Rev. Stat. Chapter 30.

8) Alternatives that might avoid probate

If your wife executed a valid Transfer‑on‑Death deed (beneficiary deed) while alive, that instrument can transfer title at death without probate if properly recorded under Nebraska law (if and where Nebraska recognizes such deeds). Check your deed and county filing records.
Property held in a living trust passes according to the trust and commonly avoids probate.

Helpful Hints

Start by pulling the recorded deed at the county register of deeds and ordering certified death certificates.
Call the county register of deeds to ask which documents and fees their office requires to record a transfer after death.
If the estate is likely to be complex, contact a Nebraska probate attorney early to avoid mistakes that can delay transfer.
Keep originals and certified copies of all recorded instruments and court documents in a secure place.
Check for mortgages, liens, and property tax delinquencies before trying to record a deed.
Recording requirements and forms vary by county—don’t rely only on a form you find online without confirming county acceptance.
When the personal representative signs a deed, the document must follow the statutory form requirements to be valid and recordable; attorneys and title companies can prepare correct deeds.

Where to get help: The county courthouse (probate court clerk and register of deeds) can explain local forms and fees. For legal decisions (e.g., whether probate is needed, small‑estate options, tax consequences, or preparing a personal representative’s deed), consult a licensed Nebraska attorney.

Disclaimer: This article explains general Nebraska procedures and is educational only. It is not legal advice and should not be used as a substitute for advice from a licensed attorney in Nebraska.