Created by FindLaw's team of legal writers and editors | Last updated June 20, 2016
A will is a legal document that states how the testator (the individual who wrote the will) wants his or her belongings to be divided among surviving family members and friends after death. A valid will is the best way to manage your estate and avoid the time-consuming and expensive probate process, in which the court decides how your belongings are divided. States typically also allow testators to include lists of individual items with personal notes to their recipients, which may help with closure. Wills may be revoked or altered at any time to better reflect changing family dynamics, new relationships, or other life changes.
As is the case in other states, testators must be at the age of majority (19 in Nebraska) and be "of sound mind" in order to draft a valid will. Also, at least two witnesses must sign the will after having either witnessed the signing or the testator's acknowledgment of signing the will. While oral wills are not recognized in Nebraska, holographic (hand-written) wills are valid in most cases.
Additional details of Nebraska laws concerning wills are listed below. See FindLaw's Making a Will section for additional articles, including What is a Valid Will? and What Happens If You Die Without a Will?
| Code Section | §§30-2326, et seq. |
| Age of Testator | 19 years or older or anyone not a minor and of sound mind |
| Number of Witnesses | Signed by at least two individuals, each of whom witnessed either the signing or testator's acknowledgment of signature or of the will. |
| Nuncupative (Oral Wills) | Not recognized |
| Holographic Wills | Valid, whether or not witnessed, if signature, material provisions, and an indication of the date of signing are in handwriting of testator; in absence of such indication of date, if instrument is the only such instrument or contains no inconsistency with any like instrument or if date is determinable from contents, from extrinsic circumstances, or from any other evidence. |
Note: State laws may change at any time, usually through the enactment of newly signed statutes but sometimes through higher court decisions or other means. You may want to contact a Nebraska estate planning attorney or conduct your own legal research to verify the state law(s) you are researching.
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