Revocable Living Trusts in Nebraska
How revocable living trusts work under Nebraska law and the other ways to pass property without probate.
Short answer: Nebraska adopted the Uniform Trust Code. For trusts created by instruments signed on or after January 1, 2005, the settlor may revoke or amend the trust unless its terms expressly make it irrevocable. Neb. Rev. Stat. § 30-3854 (UTC 602)
| Revocable living trust | Nebraska adopted the Uniform Trust Code. For trusts created by instruments signed on or after January 1, 2005, the settlor may revoke or amend the trust unless its terms expressly make it irrevocable. A written revocable trust may be revoked or amended by the method in the trust or, if that method is not exclusive, by a later will or codicil that refers to the trust, or by a dated instrument signed by the settlor showing intent to amend or revoke. An agent under a power of attorney can do so only if the trust or the power expressly allows it. Only property titled in the trust avoids probate. |
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| Ways to avoid probate | Non-probate options include: transfer on death deeds for real estate (Neb. Rev. Stat. §§ 76-3401 and following); transfer-on-death (TOD) beneficiaries on vehicle titles and survivorship ('OR' or 'With Rights of Survivorship') vehicle titles; revocable trusts (§ 30-3854); affidavits for personal property when the personal estate is $100,000 or less (§ 30-24,125); and affidavits for real property worth $100,000 or less (§ 30-24,129). |
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FAQ
How do living trusts work in Nebraska?
Nebraska adopted the Uniform Trust Code. For trusts created by instruments signed on or after January 1, 2005, the settlor may revoke or amend the trust unless its terms expressly make it irrevocable. A written revocable trust may be revoked or amended by the method in the trust or, if that method is not exclusive, by a later will or codicil that refers to the trust, or by a dated instrument signed by the settlor showing intent to amend or revoke. An agent under a power of attorney can do so only if the trust or the power expressly allows it. Only property titled in the trust avoids probate.
How can you avoid probate in Nebraska?
Non-probate options include: transfer on death deeds for real estate (Neb. Rev. Stat. §§ 76-3401 and following); transfer-on-death (TOD) beneficiaries on vehicle titles and survivorship ('OR' or 'With Rights of Survivorship') vehicle titles; revocable trusts (§ 30-3854); affidavits for personal property when the personal estate is $100,000 or less (§ 30-24,125); and affidavits for real property worth $100,000 or less (§ 30-24,129).
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.