How to Make a Valid Will in Nebraska

Who Can Make a Will in Nebraska?

You must be at least 18 years old to make a will in Nebraska. Nebraska's age of majority is 19, but the will statute specifically allows those 18 or older to make a will (Neb. Rev. Stat. § 30-2326). The testator must be of sound mind (Neb. Rev. Stat. § 30-2326)

Signing Requirements

Must be in writing. Can be typed, printed, or handwritten. If you are physically unable to sign, Another individual may sign in the testator's conscious presence and by the testator's direction (Neb. Rev. Stat. § 30-2327).

Witness Requirements in Nebraska

Nebraska requires 2 witnesses. Must be competent individuals. Each witness must sign within a reasonable time after witnessing the signing or the testator's acknowledgment of the signature or the will.

Interested witnesses: An interested witness does not invalidate the will (Neb. Rev. Stat. § 30-2330)

Notarization in Nebraska

Notarization is not required for a will to be valid in Nebraska. Not required for validity; used for self-proving affidavit

Self-Proving Affidavit

Nebraska allows a self-proving affidavit, which simplifies probate by eliminating the need for witnesses to testify in court. Testator and witnesses sign a sworn affidavit before a notary public (Neb. Rev. Stat. § 30-2329)

Handwritten (Holographic) Wills

Nebraska does recognize holographic wills. Valid whether or not witnessed if the signature and material portions are in the testator's handwriting (Neb. Rev. Stat. § 30-2328)

Electronic Wills

Nebraska does not currently recognize electronic wills. Nebraska does not currently have an electronic wills statute

How to Revoke a Will in Nebraska

In Nebraska, a will can be revoked by:

• •Executing a subsequent will that revokes the prior will expressly or by inconsistency
• •Performing a revocatory act by the testator or by another in the testator's conscious presence and at their direction

Neb. Rev. Stat. § 30-2331

Special Provisions in Nebraska

Nebraska is a separate property/common law state. Surviving spouse has an elective share under the augmented estate system (Neb. Rev. Stat. § 30-2313). Nebraska adopted the Uniform Probate Code. Nebraska's age of majority is 19, but the will statute specifically allows those 18+ to make a will

Relevant Nebraska Statutes

• Neb. Rev. Stat. § 30-2326 (Who may make a will)
• Neb. Rev. Stat. § 30-2327 (Execution of wills)
• Neb. Rev. Stat. § 30-2328 (Holographic wills)
• Neb. Rev. Stat. § 30-2329 (Self-proved wills)
• Neb. Rev. Stat. § 30-2330 (Interested witnesses)
• Neb. Rev. Stat. § 30-2331 (Revocation)
• Neb. Rev. Stat. § 30-2313 (Elective share)