Last Will and Testament in Nebraska Made Simple: A Complete Guide

A last will and testament are vital to determining how your inheritance, including your financial accounts, will be divided after your passing. In addition to naming a personal representative for the estate, Nebraska last will and testament allows the testator, the person who creates the will, to make provisions for their spouse, children, other loved ones, and pets after their passing.

The difference between a last will and testament and a living will

A living will, also called an advance directive, is a legal document that specifies what should happen if you become incapacitated. You can no longer make decisions about your medical care. It is not the same as a last will and testament, which comes into play after your passing and determines how the estate you leave behind would be divided among your loved ones and also takes care of any other instructions you leave behind.

4 reasons why you should have a Will

A will, often known as a "last will and testament," is a legal document that can assist you in protecting your loved ones and your personal property after your passing. Using a will, you can:

• Give your property to individuals or organizations you trust
• Name a personal representative, who ensures that the provisions of your will are carried out,
• Name a personal guardian to look after your minor children,
• Name a trustworthy individual to manage any personal property you leave to minor children.

Having a last will and testament in Nebraska is not legally necessary, but without one, the laws of intestacy govern how an estate's assets are distributed. It is typically a good idea to make a last will and testament because otherwise, the results might not be what the decedent had intended.

A Nebraska last will and testament offers the chance to control how assets are distributed and the ability to make charitable contributions, select a guardian for minor children, set up trusts for anyone, and care for pets in the event of the testator's demise.

A quick look at Nebraska last will and testament creation process

• Choose the assets you want to leave in your Nebraska last will and testament.
• Choose the heir to your real property.
• Choose an executor for your estate.
• Decide who will be your children's guardian.
• Choose someone to oversee the property and material provisions you'll leave for your children.
• Create a will.
• In front of witnesses, sign your Nebraska last will and testament.
• Safely store your own will. You have the choice in Nebraska to file your will with the court. Your Nebraska last will and testament remains private, and only you and the people you choose will have access to it if you choose to make it that way.

Nebraska Intestacy Laws

Intestacy laws become applicable when a person passes away "intestate," which refers to dying without a will. If you don't have a Nebraska last will and testament, i.e., if a person died intestate, their surviving spouse will inherit the entire estate unless they had descendants with their spouse, in which case the spouse inherits the first $100,000 of the property and half of the remaining amount.

The surviving spouse would receive half of the property if the deceased had children from a previous marriage. If a surviving spouse has no heirs or grandchildren, the decedent's parents are also entitled to a portion of the inheritance.

In the absence of a surviving spouse, children, or parents, other relatives, such as siblings and grandparents, will inherit based on how closely related they are.

Requirements for forming a last will and testament in Nebraska

You must be of sound mind and at least 18 years old in order to make a Nebraska last will and testament. Your will must be written down in tangible copy. It must be on paper; in other words, your Nebraska last will and testament cannot be contained in digital audio, video, or any digital media. You can type and print your Nebraska last will and testament on a computer or a typewriter. In Nebraska, handwritten wills drafted by individuals of sound mind are legally valid.

How to finalize your Nebraska last will and testament

The Nebraska Revised Statutes, Chapter 30 Decedents Estates, Protections of People and Property, Sections 30-2326 through 30-2330, include the regulations for the proper execution and witnessing of a will. According to the Nebraska revised statutes, the signing or acknowledging your own will in the presence of two witnesses of sound mind is required for it to be legally binding.

The will's two witnesses should not be the will's beneficiaries, i.e., they should not receive any property from that will. If your witness is found to be interested, they could forfeit the inheritance if it is greater than what they would have received under intestacy law.

Witnesses are not necessary for holographic or handwritten wills. The testator's handwriting must be used in the handwritten wills for all significant clauses, testator sign, and the date in order for a holographic Nebraska last will and testament to be considered legally valid.

Do you need to have your last will and testament notarized in Nebraska?

It is not mandatory to get Nebraska wills notarized in order for them to be considered legally valid. Yet, if you wish to make your will "self-proving" in Nebraska, you must visit a notary. A self-proving will expedites the probate process because the court can accept it without speaking to the signatories' witnesses. You and your witnesses will visit the notary and sign an affidavit there, confirming your identities and that you all understood you were signing the will in order to make your will self-proving.

Should you name a personal representative in your Nebraska last will and testament?

In your Nebraska last will and testament, it is recommended that you appoint a personal representative. You can choose a personal representative in Nebraska in your will who will see to it that the instructions in your will are followed after your passing. In the absence of a personal representative, your estate administration will be handled by a person chosen by the probate court.

Probate in Nebraska: How probate takes place in a Nebraska Probate Court

A Nebraska Will must be proved in probate court before its provisions can be carried out. The process of dispersing a decedent's estate under the supervision of the court is known as probate.

In order for the personal representative to secure testamentary letters and commence the estate administration, a Petition for Appointment of a Personal Representative needs to be filed in the County Court at the start of the probate procedure in Nebraska.

In addition to the option of filing an affidavit sworn under oath by a beneficiary indicating that they are entitled to a specific asset, Nebraska offers a shortened probate process for small estates.

A will cannot be used to distribute all property. Among the exclusions are real estate held in joint tenancy with the right of survivorship, Proceeds from a life insurance policy, retirement account, and the surviving spouse's elective share.

How to change or revoke a last will and testament in Nebraska

You are free to modify or cancel your will at any point in Nebraska. You can revoke your will by tearing, burning, obliterating, canceling, or destroying it with the intent to do so. You can also direct someone else to do one of these things in your presence. Finally, you can create a new will that expressly states that the old one is revoked or contains terms that conflict with the old one.

Any clause in your will that bequeaths property to your spouse or their family is nullified under Nebraska law if you and your spouse divorce or a court rules that your marriage is invalid. It also nullifies any phrase designating your spouse or a family member of your spouse as your executor.

However, these guidelines won't apply if your will or divorce order expressly states that the terms in your will shouldn't be affected by divorce. If you're worried about how a divorce would affect your will, seek advice from an estate planning attorney.

It's preferable to revoke your will and create a new one if you need to make modifications to it. Alternatively, you could write an amendment to your current will, known as a codicil, if you just need to make very minor modifications. Codicils as legal documents are perfect for these cases. In either scenario, you must seal your amendments using the same procedures you used to create your original will.

Conclusion

If a Will has been self-proven and its validity is uncontested, it may be probated using a streamlined process. The court automatically recognizes a self-proven Will as authentic; therefore, witnesses are not required to appear in court. The testator and the witnesses must make an affidavit of authenticity before a notary in order to self-prove a will. The affidavit ought to be incorporated into the Will or annexed to it.

Consider hiring a lawyer to help you with the drafting process of your will in case you have a large or complex estate or if you have specific instructions that you want to be carried out after your death.

Although it is easy to find a free last will and testament template online, it is recommended that you hire a lawyer if you have a large or complicated estate. No free Nebraska last will and testament template you'll find online would be adequate for your purposes if that is the case.