How to Make a Will in Nebraska

If you're a resident of Nebraska and thinking about making a will, you should understand what a will is and how to create one. A will, also called a "last will and testament," can help you protect your family and your property.

You can use a will to:

• leave your property to people or organizations
• name a personal guardian to care for your minor children
• name a trusted person to manage property you leave to minor children, and
• name a personal representative (also called an "executor"), the person who makes sure that the terms of your will are carried out.

Your will can dispose of your real property, personal property, and any property you own at the time of your death or that your estate receives after your death. (Neb. Rev. Stat. §§ 30-2326, 30-2336 (2025).)

Below you'll find an overview of what a will can do for you, what Nebraska laws require for making a valid will, and what the process looks like.

Steps to Create a Will in Nebraska

Here's a quick checklist for making a will in Nebraska:

1. Decide what property to include in your will.
2. Decide who will inherit your property.
3. Choose a personal representative to handle your estate.
4. Choose a guardian for your children.
5. Choose someone to manage children's property.
6. Make your will.
7. Sign your will in front of witnesses.
8. Store your will safely. (See "Frequently Asked Questions" for more.)

What Happens If I Die Without a Will?

If you die without a will, your property will be distributed according to Nebraska inheritance laws (called the "intestacy" law). Nebraska's intestacy law gives your property to your closest relatives, beginning with your spouse, children, and parents. This list continues with increasingly distant relatives. If the court exhausts this list to find that you have no living relatives by blood or marriage, the state will take your property.

Can I Make My Own Will in Nebraska?

Yes. You can make your own will in Nebraska, using Nolo's Quicken WillMaker & Trust. However, you might want to consult a lawyer in some situations. For example, if you think that your will might be contested or you have especially complicated goals, you should talk with an attorney. See Do I Need an Attorney to Make My Estate Plan?

Legal Requirements for a Valid Will in Nebraska

To make a will in Nebraska, you must be:

• an individual 18 years of age or older (or "not a minor"), and
• of sound mind.

(Neb. Rev. Stat. § 30-2326 (2025).)

You must make your will in writing on actual paper. It can't be on audio or video, or a digital file. (See "Can I Make a Digital or Electronic Will?" below.) Type and print your will using a computer, or you can use a typewriter. Nebraska does permit handwritten wills, but they are usually not a good idea. (Neb. Rev. Stat. § 30-2327, 30-2328 (2025).)

How to Sign and Execute My Nebraska Will

To finalize your will in Nebraska:

• you must sign or acknowledge your will in front of two witnesses, and
• your witnesses must sign your will.

(Neb. Rev. Stat. § 30-2327 (2025).)

Neither witness should be a beneficiary of the will. If your witnesses are "interested", they can lose their inheritance under the will if it's more than what they would have received under the intestacy law. (Neb. Rev. Stat. § 30-2330 (2025).)

Holographic (handwritten) wills don't require witnesses if they are entirely in the will maker's handwriting—or if the material provisions are in the will maker's handwriting. The signature and the date also must be in the will maker's handwriting. Holographic wills aren't the best idea because they are harder to prove in court and could lead to conflict between your loved ones. (Neb. Rev. Stat. § 30-2328)

Do I Need to Have My Will Notarized?

No, in Nebraska, you don't need to notarize your will to make it legal. However, Nebraska allows you to make your will "self-proving," and you'll need to go to a notary if you want to do that. A self-proving will speeds up probate because the court can accept the will without contacting the witnesses who signed it.

To make your will self-proving, you and your witnesses will go to the notary and sign an affidavit that states who you are and that each of you knew you were signing the will. (Neb. Rev. Stat. § 30-2329 (2025).)

Can I Make a Digital or Electronic Will?

In a handful of states, you can make a legal will digitally—that is, you can make the will, sign it, and have it witnessed without ever printing it out. Although such electronic wills are currently available in only a minority of states, many other states are considering making electronic wills legal. Nebraska currently doesn't allow e-wills, but that might change in the future.

Can I Choose and Appoint a Personal Representative in My Will?

Yes. In Nebraska, you can use your will to name a personal representative who will ensure that the provisions in your will are carried out after your death. Nolo's Quicken WillMaker & Trust produces a letter to your personal representative that generally explains what the job requires. If you don't name a personal representative, the probate court will appoint someone to take on the job of winding up your estate.

Can I Revoke or Change My Will in Nebraska?

In Nebraska, you may revoke or change your will at any time. You can revoke your will by:

• burning, tearing, canceling, obliterating, or destroying your will with the intent to revoke it
• ordering someone else to burn, tear, cancel, obliterate, or destroy your will in front of you with the intent to revoke it, or
• making a new will that says it revokes the old one or has contradictory terms to the old one.

(Neb. Rev. Stat. § 30-2332 (2025).)

If you and your spouse divorce (or if a court determines that your marriage isn't legal), Nebraska law revokes any language in your will that leaves property to your spouse or your spouse's relatives. It also revokes any language that names your spouse or your spouse's relative as your personal representative. However, if you remarry your spouse or specifically state in your will (or divorce decree) that divorce won't affect the provisions in your will, then these rules won't apply. (Neb. Rev. Stat. § 30-2333 (2025).)

If you have any concerns about the effects of divorce on your will, see an estate planning attorney for help. If you need to make changes to your will, it's best to revoke it and make a new one. However, if you have only very simple changes to make, you could add an amendment to your existing will—this is called a codicil. In either case, you will need to finalize your changes with the same formalities you used to make your original will (see above).

Next Steps

You can find Nebraska's laws about making wills here: Nebraska Revised Statutes Chapter 30 Decedents' Estates; Protections of Persons and Property.

To make your own will—as well as other estate planning documents, such as powers of attorney, advance health care directives, and transfer-on-death deeds—try Nolo's Quicken WillMaker & Trust.

Frequently Asked Questions

If you're still looking for information, check out these answers to frequently asked questions on Nebraska wills.

Can a will help me avoid probate?

No. A will doesn't avoid probate. Instead, it acts as instructions to the probate court. If you want to avoid probate in Nebraska, consider other estate planning strategies like a living trust or joint tenancy.

What's the cost of making a will in Nebraska?

The cost for a lawyer to make a will depends on several factors, including the complexity of your finances, where you live in Nebraska, and whether you want an entire estate plan with multiple documents. A simple will without other estate planning documents likely will cost at least a few hundred dollars—and potentially more than $1,000. DIY resources, like Nolo's Quicken WillMaker & Trust, will cost significantly less than hiring an attorney.

Where should I store my will after it's signed?

There are several options for places to store your will, and each has pros and cons. Some options are the probate court (discussed below), your home, your lawyer's office, or a safe deposit box (but ensure the bank will let your personal representative or other trusted people access it after your death). Wherever you store it, make sure the right people know where it is, so the probate process can start as soon as possible without confusion or delay. For more information, read How to Safely Store Your Will.

Do I need to file my will with the court or government after making it?

No. Your will doesn't need to be filed with the court or government until after your death. However, Nebraska gives you the option to deposit your will with the court. If you choose to do so, your will is confidential, and no one will see it except you and anyone you authorize. (Neb. Rev. Stat. § 30-2355 (2025).)

Can a will help me avoid estate taxes?

No. A will won't help you avoid estate taxes. Very few people need to worry about federal estate taxes. Only people with estates worth several million dollars need to think about federal estate taxes, but a will won't help them avoid taxes.

Nebraska doesn't have an estate tax, but it does have an inheritance tax. An inheritance is paid by a person who inherits from an estate, while an estate tax is paid directly by the estate. If you're concerned about your loved ones paying an inheritance tax, you should speak with a Nebraska estate planning lawyer to see if there are ways to avoid or minimize the tax.

For more information on estate taxes, read Estate Tax: Will Your Estate Have to Pay?

Can someone challenge my will?

Yes, it's theoretically possible that someone could challenge your will. But very few wills are challenged in court because it's difficult to challenge a will.