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Nebraska Last Will and Testament

Nebraska Last Will and Testament

By 

Jennifer Mcgee

·

Updated on  

November 22, 2022
·

8 mins

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It's not enough or legal to just mention or write down your wishes and consider them your Nebraska last will and testament. The court might not recognize that, and the entire practice would just be a waste. When it comes to your estate and family's future, it's crucial to spend some time on the task. You should research and know about the different requirements for a last will and testament. It would be better and more secure for your family and help you fulfill your wishes. Even though you don't need a lawyer to make your online last will, it's essential to know the conditions for your state. 

All the states have varying requirements to make a valid and enforceable last will. If you live in Nebraska, here's what you should follow.

Requirements for a Nebraska Last Will and Testament 

  • Written will: A Nebraska last will and testament must be on paper to be legal. It cannot be audio, video, or other digital file forms. Nebraska allows Holographic wills.
  • Must be of at least 18 age 
  • Sound mind and memory: The testator for a Nebraska last will must understand the will procedure, nature of their estate, and beneficiaries. For their last will to be valid, they must have a sound mind and memory.
  • Signed by the testator: To make it legal, you must sign your Nebraska last will and testament before your two witnesses.
  • Signed by the witnesses: You must have at least two witnesses for the will. They should acknowledge and sign the will within a reasonable time.

Who can be your witnesses for a Nebraska Last Will and Testament? 

Your witnesses for a Nebraska last will must follow these conditions:

  • Nebraska allows anyone competent to become a witness. 
  • They should be able to testify about what they saw and the will-making process.
  • It's better not to select beneficiaries as witnesses as they could lose the estate portion or any gift you leave them.

Nebraska rules for a personal representative or an executor 

Choosing an executor for your Nebraska last will would be better than leaving it to uncertainty. However, an executor should follow these guidelines to be eligible for the role:

  1. Must be at least 19 or above
  2. Capable of performing the job, i.e., of a sound mind.
  3. Nebraska doesn't restrict people convicted of a felony from being executors.
  4. Nebraska allows you to choose someone out of state as your executor.
Nebraska Last Will and Testament

Last will and Testament Notarization in Nebraska

There's no need to notarize your Nebraska last will and testament. However, you should add a self-proving affidavit to the last will to speed up the probate process. Here's how you can do that:

  • Find a notary public to make a self-proving affidavit for the will. 
  • You and the witnesses must go to the notary and sign the affidavit, stating who you are and that you know you're signing a will.

Nebraska Last Will Revocation 

You could follow any of the following methods to revoke your Nebraska last will and testament:

  • Destroy your last will by tearing, burning, obliterating, and shredding. 
  • Asking someone else to destroy your last will
  • Making a new legal will that revokes any part or the entire previous will.

Nebraska Last Will Amendment Rules 

If you wish to make some minor and simple changes to your Nebraska last will, you can do it through a Codicil. It will allow you to introduce changes to your existing will and avoid revoking it.

However, you must follow the same guidelines to make a legal codicil as for an original will. If you want to make multiple amendments, it's better to make a new will that revokes the previous one.

Nebraska rules for divorce after making your last will

  • Nebraska law revokes any gift you leave to your spouse.
  • Revokes any appointment of your spouse as the trustee or executor 
  • However, the provisions will stand if you state otherwise in your Nebraska will.

What happens if you don't have a will in Nebraska?

Case

What happens 

Has children, no spouse 

Children inherit everything 

Has a spouse, no children, no parents 

Spouse inherits everything 

Has parents, no children, no spouse 

Parents inherit everything 

Has siblings, no parents, no children, no spouse 

Siblings inherit everything 

Has a spouse and children (Children you share with that spouse)


 

Spouse gets the first $100,000 of your estate and one-half of the balance 




Children inherit the balance

Has a spouse and children 

(Children you share with someone else)

Spouse gets one-half of the estate 




Children inherit the balance

Has a spouse and parents 

Spouse gets the first $100,000 of your estate and one-half of the balance 




Children inherit the balance

Last Will and Testament Nebraska Free Template

You can quickly create a simple estate plan by downloading a Last Will and Testament Nebraska free template. It will be the best option if you don't have a large estate or complicated finances. You could check out the template and follow the necessary requirements to make your new Nebraska last will and testament. Once you go through the details and follow the required steps:

  1. Connect on TrulyWill and create your account.
  2. Discuss any issues or complications about your finances and personal relationships with our attorneys.
  3. Sign or notarize the document, depending on your state requirements. 

This template and sample last will and testament would allow you to examine what your will would look like. You can change the will template depending on your personal preferences for estate distribution. 

Some instances where it would be prudent to consult our experts before finalizing your will would be when you have a high net worth or complicated family and personal relationships. We also provide additional services for those unique requests:

  • Online expert support: You can connect with our experts online and clear your doubts.
  • Attorney support: For some specific and unique requirements, we also offer additional attorney support services for your will and trust.

If you're facing any of these issues, it's essential to consult an expert before proceeding. They could personally help you out with any doubts and create a solid and legally enforceable Nebraska last will and testament. 

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Frequently Asked Questions

Do I need a lawyer to make my last will and testament?

There's generally no need to get a lawyer to make your will. You could use an online platform and easily make it within minutes. Only some special cases, like complex family relations, may require you to consult an attorney.

What does a personal representative/executor do?

The executor of your will would be responsible for managing and settling your estate distribution after you pass away. It's always better to name a trusted adult as your personal representative.

How should I store my will?

You should always store your last will and testament in a safe place, one which is accessible to your loved ones and doesn't pose any risk to the documents. It can be a safe locker or a safe in your home.

Do I need to have a certain amount of money to make a will?

No, there's no minimum limit of money you need to have to make your last will. It would dispose of any assets you leave to the beneficiaries.

Can I decide who would look after my minor children in my will?

Yes, you should name a person as the guardian of your children in your will. It would help avoid any hassles, and they could look after your kids after you pass away.
Jennifer Mcgee
Parent to five young children. Expert in Estate Planning, Probate, and Family Law Matters. Volunteer with Victim’s Advocates in the local sheriff's department...
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Got Questions?

Hi, I’m Jennifer McGee.

Co-founder & Head of Legal at TrulyWill

Feel free to book a call with me to help you with your estate plan.

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