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Nebraska Last Will and Testament

Nebraska needs 2 witnesses for a valid will; no notary unless you add the optional self-proving affidavit. Free will template. Attorney review available.

Introduction

A last will and testament is a legal document that states who receives your property when you die and names the personal representative, also called an executor, who will administer your estate; it can also name a guardian for your minor children. In Nebraska, under the Nebraska Probate Code, a valid will must be in writing and signed by the testator, or by another person in the testator's name at the testator's direction and in the testator's presence, and it must be signed by at least two witnesses, each of whom watched the testator sign or acknowledge the signature or the will (Neb. Rev. Stat. Section 30-2327). An interested witness, meaning a witness who is also a beneficiary, does not make the will invalid, but Section 30-2330 limits that witness to their intestate share unless at least one other witness has no interest in the will, so choosing disinterested witnesses is safer. The will itself does not need a notary; Nebraska instead offers an optional self-proving affidavit under Section 30-2329, a sworn statement signed before an officer authorized to administer oaths, typically a notary public, that speeds up probate. Nebraska also recognizes a holographic, or handwritten and unwitnessed, will if the signature, the material provisions, and the date are in the testator's own handwriting (Section 30-2328). To make a will you must be eighteen or more years of age, or not a minor, and of sound mind (Section 30-2326). Attorney review is available as an option before you sign.

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Key Things to Know

  1. 1

    A last will and testament is a legal document that states who receives your property when you die and names the personal representative (executor) who will administer your estate. It can also name a guardian for your minor children.

  2. 2

    Nebraska requires two witnesses who each watched you sign the will or watched you acknowledge your signature or the will (Neb. Rev. Stat. Section 30-2327). An interested witness, meaning a beneficiary who also signs as a witness, does not invalidate the will, but Section 30-2330 limits that witness to their intestate share unless at least one other witness has no interest in the will.

  3. 3

    Nebraska recognizes a self-proving affidavit (Neb. Rev. Stat. Section 30-2329), a sworn statement signed by the testator and the witnesses before an officer authorized to administer oaths, typically a notary public. It lets the will be admitted to probate without the witnesses testifying in person.

  4. 4

    A holographic will, meaning handwritten and unwitnessed, is valid in Nebraska if the signature, the material provisions, and an indication of the date of signing are in the testator's own handwriting (Neb. Rev. Stat. Section 30-2328).

  5. 5

    The will itself does not need a notary; it needs two witnesses. A notary, or other officer authorized to administer oaths, is needed only if you add the optional self-proving affidavit, not for the will's basic validity.

  6. 6

    You must be eighteen or more years of age, or not a minor, and of sound mind to make a will in Nebraska (Neb. Rev. Stat. Section 30-2326).

  7. 7

    You can revoke a Nebraska will with a later will that expressly or by inconsistency revokes it, or by burning, tearing, canceling, obliterating, or destroying it with intent to revoke (Neb. Rev. Stat. Section 30-2332). Divorce also revokes provisions in the will for a former spouse (Section 30-2333).

Key decisions before you file

Before you file a Last Will and Testament in Nebraska, a few decisions shape the document: which option to choose and what each one means. The Last Will and Testament guide walks through them.

Open the Last Will and Testament guide

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NEBRASKA LAST WILL AND TESTAMENT

  1. DECLARATION AND REVOCATION OF PRIOR WILLS I, [TESTATOR NAME], a resident of [COUNTY] County, Nebraska, being eighteen years of age or older and of sound mind, declare this to be my Last Will and Testament (my 'Will') and revoke all prior wills and codicils.

  2. PERSONAL REPRESENTATIVE (EXECUTOR) APPOINTMENT I appoint [NAME] of [CITY], Nebraska, as personal representative, also called an executor, of my estate. If unable or unwilling to serve, I appoint [SUCCESSOR NAME] as successor personal representative, with the powers granted under the Nebraska Probate Code to administer my estate, pay debts and expenses, and distribute my property under this Will.

  3. DISPOSITION OF PROPERTY (BEQUESTS) [INSERT specific gifts and bequests here: describe each item of property or amount of money, and name the beneficiary, meaning the person or organization, who is to receive it.]

  4. RESIDUARY CLAUSE I give the rest and residue of my estate, meaning everything not otherwise specifically given above (my 'residuary estate'), to [RESIDUARY BENEFICIARY NAME]. If that beneficiary does not survive me, I give my residuary estate to [ALTERNATE BENEFICIARY NAME].

  5. ATTESTATION CLAUSE I sign this Will on [DATE], in the presence of the two witnesses named below, and declare to them that this is my Last Will and Testament. Under Neb. Rev. Stat. Section 30-2327, this Will must be signed by at least two individuals, each of whom witnessed my signing or my acknowledgment of the signature or the Will.

[TESTATOR NAME], Testator

WITNESSES We, the undersigned, each witnessed the testator sign this Will, or the testator acknowledge it to us, and now sign as witnesses. A beneficiary who signs as a witness is not disqualified, but under Neb. Rev. Stat. Section 30-2330 an interested witness may inherit only up to their intestate share unless at least one other witness has no interest in the Will, so choosing disinterested witnesses avoids that limit.

Witness 1 Signature, Address Witness 2 Signature, Address

  1. SELF-PROVING AFFIDAVIT (OPTIONAL) Nebraska recognizes a self-proving affidavit under Neb. Rev. Stat. Section 30-2329, signed before an officer authorized to administer oaths, typically a notary public, letting this Will be admitted to probate without live witness testimony. This is the only part of this Will needing a notary; the Will itself needs only the two witnesses above.

STATE OF NEBRASKA COUNTY OF [COUNTY]

We, [TESTATOR NAME], [WITNESS 1 NAME], and [WITNESS 2 NAME], being first duly sworn, declare that the testator signed the instrument as the testator's Will, willingly, and that each witness signed at the testator's request and in each other's presence.

[TESTATOR NAME], Testator

[WITNESS 1 NAME], Witness [WITNESS 2 NAME], Witness

Subscribed and sworn before me on [DATE].

Notary Public, State of Nebraska

Note: This is a Nebraska will skeleton governed by the Nebraska Probate Code, Neb. Rev. Stat. Sections 30-2326 through 30-2333. Nebraska also recognizes a holographic (handwritten, unwitnessed) will if the signature, material provisions, and date are in the testator's own handwriting (Section 30-2328), but a typed will like this one still needs two witnesses. A beneficiary should avoid serving as a witness where possible, since an interested witness's gift can be reduced to an intestate share unless a disinterested witness also signs. For the complete, customizable template, see the full Last Will and Testament template.

Once your Last Will and Testament is ready, you can check whether it needs to be notarized in Nebraska in about a minute, and notarize it online through DocDraft if it does.

Nebraska Requirements for Last Will and Testament

Sign in the Presence of Two Witnesses

A Nebraska will must be signed by the testator, or by another person in the testator's name at the testator's direction and in the testator's presence, and it must be signed by at least two individuals who each witnessed the signing or the testator's acknowledgment of the signature or the will (Neb. Rev. Stat. Section 30-2327).

Interested Witnesses Are Allowed But Limited

A will is not invalid because it is signed by an interested witness, meaning a witness who is also a beneficiary. Under Neb. Rev. Stat. Section 30-2330, unless at least one witness has no interest in the will, an interested witness may receive only up to the amount they would have received as an intestate share.

No Notary Required for a Basic Will

Nebraska does not require a notary for a will to be valid; the will needs the testator's signature and two witnesses (Neb. Rev. Stat. Section 30-2327). A notary, or other officer authorized to administer oaths, is used only for the optional self-proving affidavit.

Add an Optional Self-Proving Affidavit

Nebraska recognizes a self-proving affidavit under Neb. Rev. Stat. Section 30-2329: a sworn statement by the testator and the witnesses before an officer authorized to administer oaths, typically a notary public, which lets the will be admitted to probate without the witnesses testifying in person.

Holographic Wills Are Recognized

Nebraska recognizes a holographic will, meaning a handwritten and unwitnessed will, if the signature, the material provisions, and an indication of the date of signing are in the testator's own handwriting (Neb. Rev. Stat. Section 30-2328).

Meet the Minimum Age and Capacity Standard

To make a will in Nebraska, the testator must be eighteen or more years of age, or not a minor, and of sound mind (Neb. Rev. Stat. Section 30-2326).

Appoint a Personal Representative

Nebraska uses the term personal representative (equivalent to an executor) for the person who administers the estate under the Nebraska Probate Code, Neb. Rev. Stat. Chapter 30, Article 24. Name a personal representative and a successor in case the first choice cannot serve.

Know How to Revoke or Replace Your Will

You can revoke a Nebraska will with a later will that expressly or by inconsistency revokes it, or by burning, tearing, canceling, obliterating, or destroying it with intent to revoke (Neb. Rev. Stat. Section 30-2332). Divorce also revokes any provisions in the will for a former spouse, unless the will provides otherwise (Section 30-2333).

Does your Last Will and Testament need to be notarized in Nebraska?

Whether a Last Will and Testament needs to be notarized depends on your state. Upload yours, pick your state, and get the current rule with the official source behind it, free and with no account. If yours does need a notary, online notarization is part of your DocDraft plan.

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Frequently Asked Questions

Nebraska requires at least two witnesses, each of whom must have watched the testator sign the will or watched the testator acknowledge the signature or the will (Neb. Rev. Stat. Section 30-2327). An interested witness, meaning a witness who is also named as a beneficiary, does not make the will invalid, but Section 30-2330 limits that witness's gift to their intestate share unless at least one other witness has no interest in the will.

No. A Nebraska will is valid when it is signed by the testator and by two witnesses under Neb. Rev. Stat. Section 30-2327; no notary is required for the will itself. A notary, or other officer authorized to administer oaths, is used only if you add the optional self-proving affidavit under Section 30-2329, which speeds up probate but is not required to make the will valid.

Yes. Nebraska recognizes a holographic will, meaning a handwritten and unwitnessed will, if the signature, the material provisions, and an indication of the date of signing are in the testator's own handwriting (Neb. Rev. Stat. Section 30-2328). A typed will does not qualify as holographic and still needs two witnesses under Section 30-2327.

Put your will in writing, sign it yourself (or have someone sign in your name, in your presence and at your direction), and have at least two witnesses watch you sign or acknowledge the signature or the will, then have them sign (Neb. Rev. Stat. Section 30-2327). You can add an optional notarized self-proving affidavit under Section 30-2329 to simplify probate later. Attorney review is available as an option before you sign.

A valid Nebraska will is a writing signed by the testator, or by another person in the testator's name at the testator's direction and in the testator's presence, and signed by at least two witnesses who each watched the signing or the acknowledgment (Neb. Rev. Stat. Section 30-2327). The testator must also be eighteen or more years of age, or not a minor, and of sound mind (Section 30-2326).

A self-proving affidavit is a sworn statement, signed by the testator and the two witnesses before an officer authorized to administer oaths, typically a notary public, that lets a will be admitted to probate without calling the witnesses to testify (Neb. Rev. Stat. Section 30-2329). It is optional and is the only part of the will process that needs a notary.

You must be eighteen or more years of age, or not a minor, and of sound mind to make a valid will in Nebraska (Neb. Rev. Stat. Section 30-2326).

You can revoke a Nebraska will by executing a later will that expressly or by inconsistency revokes the earlier one, or by burning, tearing, canceling, obliterating, or destroying it with the intent to revoke it, either yourself or through another person acting in your presence and at your direction (Neb. Rev. Stat. Section 30-2332). Divorce or annulment also revokes any provisions in the will for a former spouse, unless the will says otherwise (Section 30-2333).