Nebraska: Do You Still Need a TOD Deed or POD Designation If Your Will Leaves Everything to Your Daughter?

Short answer: Yes — in many situations you still need a transfer-on-death (TOD) deed or a payable-on-death (POD) designation if you want property or accounts to pass automatically to your daughter without going through probate. A will controls only probate assets. Many forms of property (real estate titled in certain ways, bank and retirement accounts with beneficiary designations, and jointly held property) transfer outside of probate by operation of title, contract, or statute.

How a will works in Nebraska

A last will and testament directs how your probate estate will be distributed after your death. Under Nebraska law the will governs assets that are subject to probate administration. For an overview of Nebraska’s probate laws, see the Nebraska Probate Code (Neb. Rev. Stat., Chapter 30):
https://nebraskalegislature.gov/laws/statutes.php?chapter=30.

Why a will alone may not accomplish your goal

• Assets that are owned jointly with rights of survivorship usually pass automatically to the surviving joint owner and do not follow the will.
• Bank accounts, investment accounts, and retirement plans that name beneficiaries or are payable-on-death (POD)/transfer-on-death (TOD) pass to those beneficiaries outside probate.
• Real estate that is titled in a way that creates survivorship or that has a recorded TOD deed will bypass probate and transfer according to the title, deed, or statute.

Transfer-on-death (TOD) deeds for real estate in Nebraska

A TOD deed (sometimes called a beneficiary deed) allows you to name a beneficiary who receives real estate at your death without probate. The deed typically must be signed, properly notarized, and recorded while you are alive. Because details and form requirements matter, use the statute and local recording office rules when preparing a TOD deed. For Nebraska real property law and recording rules, see the Nebraska statutes on property (Chapter 76):
https://nebraskalegislature.gov/laws/statutes.php?chapter=76.

Payable-on-death (POD) and beneficiary designations for bank, investment, and retirement accounts

POD designations and beneficiary forms are contract mechanisms used by banks, brokerages, and retirement plan administrators. When you name your daughter as the POD or beneficiary, those assets generally pass directly to her on your death without probate. A will cannot change a contractual beneficiary designation for these accounts. Always confirm beneficiary designations with the financial institution and update them after major life events.

Joint ownership and survivorship

If property is held jointly with right of survivorship, the survivor becomes sole owner on your death, outside probate. Titling property as joint tenants or tenants by the entirety (where available) has legal consequences that may override a will. Verify how your real estate, bank accounts, and other assets are titled and whether those titles match your estate plan.

Common pitfalls

• Unexpected beneficiaries: A beneficiary listed on a retirement account or a recorded TOD/POD designation will take precedence over a will for that asset.
• Outdated designations: Divorce, remarriage, births, and deaths can make existing beneficiary designations inconsistent with your current wishes.
• Form and recording mistakes: A TOD deed that is not executed or recorded correctly may be ineffective and could force the property through probate.
• Creditor claims and taxes: Some nonprobate transfers still may be subject to creditor claims or estate taxes.

Practical approach and recommended steps

1. Inventory assets. List real estate, bank accounts, investment accounts, retirement plans, life insurance, and business interests. Note how each is titled and whether a beneficiary is named.
2. Decide how you want each category to pass. Use beneficiary designations/TOD/POD for nonprobate transfers when you want to avoid probate. Use your will for assets without a designated nonprobate transfer or to name a personal representative for probate administration.
3. Confirm beneficiary forms with financial institutions and update them in writing when necessary.
4. If you want real estate to pass outside probate, consider a properly drafted and recorded TOD deed (or alternative tools such as joint ownership or trusts) and follow Nebraska recording requirements. See Nebraska statutes on property law: Chapter 76.
5. Speak with an estate planning attorney to coordinate wills, deeds, beneficiary designations, and (if appropriate) a living trust. A lawyer can confirm that documents comply with Nebraska law and achieve your objectives.