A last will and testament is a legal instrument that contains the details of an individual (testator) pertaining to their estate in the event of death, made in the way prescribed by law.
Making a last will and testament is a brilliant choice for just about anyone who would like to avert disputes and misunderstandings. A thought-out and properly created last will and testament is often essential to your loved ones and relations after your passing even if you haven’t got a large amount of property and assets to pass on.
In case you are in search of a fillable and printable Nebraska last will and testament form, you’ll find one on this page, together with the tips on last will writing and answers to common questions.
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|Statutes||Chapter 30 – Decedents’ Estates; Protection of Persons and Property|
|Signing requirement||Two witnesses||30-2327. Execution|
|Age of testator||18 or older||30-2326. Who may make a will|
|Age of witnesses||18 or older||30-2330. Who may witness; interested witness; intestate share|
|Self-proving wills||Allowed||30-2329. Self-proved will|
|Handwritten wills||Recognized if meeting certain conditions||30-2327. Execution|
|Oral wills||Not recognized|
|Holographic wills||Recognized if meeting certain conditions||30-2328. Holographic will|
|Depositing a will||Possible with a Nebraska County Court A fee is $2||30-2355. Deposit of will with the court in testator’s lifetime|
1. Consider your alternatives. One thing to take into account, first of all, is whether you would like to write the entire document by hand or utilize a free will template that can be found online.
2. Indicate your details. Establish the testator and their details: full legal name and address (city, county, and state). Go over the remaining portion of the passage, including the details you’ve entered and the “Expenses and Taxes” subsection.
3. Choose the executor (or executrix). Choose the executor of your estate and indicate their details: full name and place of residence, which will generally be within the same state the testator lives considering that most states impose special rules on out-of-state executors. Although it isn’t compulsory, it might be wise to appoint an alternative person to act as an executor in the event the first one is unwilling or incapable of carrying out your will.
4. Determine the guardian (optional). Should you’ve got underage or dependent children and don’t wish the court to choose a guardian for the kids when you’re no longer here, it is possible to select a friend or acquaintance as a guardian for your children.
5. Indicate your beneficiaries. At this stage, you specify those who are going to inherit your property. Enter their full names, places of residence, and your relationship to them (spouse, child, friend).
6. Assign property. In case you’ve got an asset distribution plan that’s different from even, it’s possible to describe it within this section. Money for arrearage, real estate, shares, company control, cash, as well as any material items of commercial worth that count among your possessions can be in the will. However, joint and living will property, along with your life insurance, can’t go in your last will.
7. Continue with the witnesses signing the document. Nebraska Revised Statutes stipulate that at least two witnesses have to sign a will for it to be deemed valid. Only someone who isn’t your beneficiary and is of 18 years or more could be chosen as a witness. Think about picking witnesses who are younger than you to ensure that they will likely be present in the event the will is contested in the court or if some other issue takes place. At this point, you (and your two witnesses) have to sign the paper after filling in your full legal addresses and names. Remember to review every section carefully before finalizing the matter.
More essential Nebraska templates available for download here and that can be personalized in our simple document builder.
A power of attorney is a legal document that establishes a person, often called your agent or proxy (doesn’t need to be a lawyer), to handle important things for you while you’re alive.
There are various kinds of power of attorney, the two principal ones being:
An executor is a person you assign in your last will to take care of your matters after you pass on. Nonetheless, these two roles can be served by the same individual.
Nebraska law says that a last will can be valid without having a notary public certify it. But, it is possible to make your will self-proving by attaching an affidavit to it, and you will have to go to a notary public if you wish to do that. Making your last will self-proving can be quite a great option because it quickens the probate and grants one more layer of security in the event the will’s credibility is challenged.
In order to create a holographic will, you’ll have to write the whole thing by hand. Such wills tend to be typically used in emergencies and/or up to the point when more official documents can be put in place (whether by a legal professional or using a last will template such as the one you can obtain from our site). Holographic wills can have ambiguous directions and may miss crucial terms, so they are more difficult to put in force and can delay the probate substantially. That is why it may be a better choice to go for the second solution that we discuss below.
An attested last will is generally typewritten since it is often prepared by an attorney or is based on a last will form, such as the one you may download here. To be considered valid, it has to be signed by the testator and two credible witnesses over the age of 18 in the testator’s presence, which can also be done in the presence of a notary public. But, the latter is not needed in Nebraska.
The testator has to meet testamentary capacity prerequisites in order to make and change their last will, including being of sound mind.
In many states, to prepare a last will and testament, you have to be of sound mind and not less than 18 years old. “Sound mind” signifies that you don’t have any kind of mental illnesses (dementia, senility, insanity, etc.) that don’t allow you to have an understanding of the aftermaths of your actions.
It’s not strictly necessary in Nebraska. Yet, in case you choose to add a self-proving affidavit, it can be quite advantageous since the document functions as a substitute for in-court testimony of witnesses during probate.
In regards to your marriage partner, it will be significant to emphasize that Nebraska is not a community property state, which suggests that all the possessions that were acquired while in the marriage or that increased with the capital got while in the stated marriage, do not belong to each of the spouses evenly. Nebraska law allows you to cut your spouse out of your last will completely, but your marriage partner will have the right to possess a set minimum number of your assets.
Aside from your husband or wife, Nebraska law enables you to disinherit any other family members. By including certain disinheritance sections to your last will and testament, you’ll be able to cut off your adult children or any other members of the family from obtaining any of the assets.
No, only you can change your will. There can be just one situation when another person is permitted to intervene. If you are physically unable to sign your will, a 3rd party is permitted to do it in your stead yet only with you present.
Yes, this can be done.
In Nebraska, if you have not entered into an agreement saying otherwise, you’re allowed to repeal or alter your last will and testament at any moment.
It is recommended to amend your last will if a major event takes place in your life. These include but are not limited to:
Nebraska law indicates that a will can be accepted in case it is lost or damaged. But, the probate court will be unlikely to take anything except for the original of the last will to probate.
As outlined by Nebraska law, the absence of the will can be assumed as its repeal. This implies that the executor must provide evidence of the last will and testament’s legality, which may be found to be rather complicated.
For holographic wills, the process may be more difficult as sworn witnesses and testimony are demanded. In addition, you are also to provide proof of the actual reason why the will and its elements cannot be produced in a way that will also ensure it wasn’t revoked.
Just per your instruction and with you present can another person sign your last will and testament (See Nebraska Estate Code). The testator can express their last wishes in a verbal manner, by responding positively to a question, or by a gesture.
You may have a notary public sign the name of a testator who is physically unable to do it in case the testator instructs the notary in the presence of a witness. This witness is chosen much the same way someone would decide on an executor – they must have no legal or equitable interest in any assets that are the focus of or impacted by the last will and testament.
|Related documents||Cases when you may want to create one|
|Codicil||You wish to make a single or several slight alterations to your will.|
|Self-proving affidavit||You want to save time and legal fees for your will’s witnesses.|
|Living will||You want to specify what heath care treatment you prefer if you cannot express that by yourself.|
|Living trust||You would like to deal with your end-of-life matters without probate.|