How to Make a Valid Will in Nebraska
What Nebraska law requires for a valid will: age, signing, witnesses, handwritten wills and self-proving affidavits.
Short answer: Anyone 18 or older (or otherwise not a minor) and of sound mind may make a will. A will must be in writing, signed by the person making it (or by someone else in their presence and at their direction), and signed by at least two witnesses who each saw the signing or heard the person… Neb. Rev. Stat. §§ 30-2326, 30-2327
| Requirements for a valid will | Anyone 18 or older (or otherwise not a minor) and of sound mind may make a will. A will must be in writing, signed by the person making it (or by someone else in their presence and at their direction), and signed by at least two witnesses who each saw the signing or heard the person acknowledge the signature or the will. Who may make a will: https://nebraskalegislature.gov/laws/statutes.php?statute=30-2326 |
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| Handwritten (holographic) wills | Yes. A will that does not meet the witnessing rules is valid as a holographic will, witnessed or not, if the signature, the material provisions, and an indication of the date of signing are in the testator's handwriting. If the date is missing, it can still be valid if it is the only such document, has no conflict with another, or the date can be determined from other evidence. Source: Neb. Rev. Stat. § 30-2328 |
| Self-proving affidavit | A will may be made self-proved when signed by the testator's acknowledgment and the witnesses' affidavits sworn before a notary or other officer authorized to give oaths, using the statutory form. The self-proving signatures also satisfy the signing requirements for the will. Source: Neb. Rev. Stat. § 30-2329 |
More Nebraska estate law
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- Small Estate Affidavit in Nebraska
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- Quitclaim Deeds and Transferring Property in Nebraska
- Who Inherits If You Die Without a Will in Nebraska
- How Probate Works in Nebraska
- Living Wills and Advance Directives in Nebraska
- Revocable Living Trusts in Nebraska
- Executor Duties in Nebraska
- Letters Testamentary in Nebraska
- Affidavit of Heirship in Nebraska
- How to Avoid Probate in Nebraska
- Transferring a Car After Someone Dies in Nebraska
- All Nebraska wills, probate and estate rules
FAQ
What makes a will valid in Nebraska?
Anyone 18 or older (or otherwise not a minor) and of sound mind may make a will. A will must be in writing, signed by the person making it (or by someone else in their presence and at their direction), and signed by at least two witnesses who each saw the signing or heard the person acknowledge the signature or the will.
Is a handwritten will valid in Nebraska?
Yes. A will that does not meet the witnessing rules is valid as a holographic will, witnessed or not, if the signature, the material provisions, and an indication of the date of signing are in the testator's handwriting. If the date is missing, it can still be valid if it is the only such document, has no conflict with another, or the date can be determined from other evidence.
Does a will need to be notarized in Nebraska?
A will may be made self-proved when signed by the testator's acknowledgment and the witnesses' affidavits sworn before a notary or other officer authorized to give oaths, using the statutory form. The self-proving signatures also satisfy the signing requirements for the will.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.