Nebraska Last Will and Testament

Introduction

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).

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).