How to Make a Will in Nebraska (2026 Guide)

A will made in Nebraska must be signed by you and by 2 witnesses to be valid. Yes (Neb. Rev. Stat. § 30-2329). It lets the court accept the will without tracking down the witnesses later. Below is everything the signing cover sheet in your free Nebraska will covers, generated from the same rules.

Make my free Nebraska will

Nebraska will requirements at a glance

Witnesses required	2
Self-proving affidavit	Yes
Notary required for the will	No
Notary for the affidavit	Yes
Holographic wills recognized	Yes
Electronic wills recognized	No
Remote witnessing allowed	No
Community property state	No
Personal property memorandum	Yes
No-contest clause	Limited
Will execution statute	Neb. Rev. Stat. § 30-2327
Financial POA statute	Neb. Rev. Stat. § 30-4001 et seq. (Nebraska Uniform Power of Attorney Act, 2012)
Healthcare directive statute	Neb. Rev. Stat. § 30-3401 et seq. (power of attorney for health care; optional form at § 30-3408) and § 20-401 et seq. (Rights of the Terminally Ill Act; declaration)

Witnesses

Two witnesses. The will must be in writing, signed by the testator (or by another in the testator's presence and by the testator's direction), and signed by at least two persons, each of whom witnessed either the signing or the testator's acknowledgment of the signature or of the will (Neb. Rev. Stat. § 30-2327). Any person generally competent to be a witness may act, and a will is not invalid because it is signed by an interested witness (Neb. Rev. Stat. § 30-2330); use adults who take nothing under the will anyway. Witnesses need not sign in each other's presence, but signing together in one sitting is the safest practice.

Do you need a notary in Nebraska?

Not for the will itself. A notary is needed only to make the will self-proving through the affidavit, which is strongly recommended.

Self-proving affidavit

Yes (Neb. Rev. Stat. § 30-2329). It lets the court accept the will without tracking down the witnesses later. What a self-proving affidavit does.

How to sign your will in Nebraska

1. Read the signing cover sheet. It is generated with your will and lists every requirement below in checklist form.
2. Gather your witnesses. You need 2 adult witnesses who are not beneficiaries. Two witnesses. The will must be in writing, signed by the testator (or by another in the testator's presence and by the testator's direction), and signed by at least two persons, each of whom witnessed either the signing or the testator's acknowledgment of the signature or of the will (Neb. Rev. Stat. § 30-2327). Any person generally competent to be a witness may act, and a will is not invalid because it is signed by an interested witness (Neb. Rev. Stat. § 30-2330); use adults who take nothing under the will anyway. Witnesses need not sign in each other's presence, but signing together in one sitting is the safest practice.
3. Sign in front of your witnesses. Declare that the document is your will, sign at the end, and have the witnesses sign while you are all together.
4. Complete the self-proving affidavit before a notary. Optional but strongly recommended (Neb. Rev. Stat. § 30-2329). Many people sign the will and the affidavit at the notary's office in one sitting.
5. Store the original safely. Nebraska allows a testator (or the testator's agent) to deposit a will with the county court for safekeeping during the testator's lifetime; it is kept confidential and released only to the testator or, after death, to the named personal representative (Neb. Rev. Stat. § 30-2356). If you do not deposit it: Keep the original in a safe, fireproof place your executor can access without a court order; a safe-deposit box may be sealed at death. Tell your executor where it is and give them a copy.
6. Tell your executor. Your executor needs to know the will exists and where it is. Give them the Executor Information Sheet.

Your spouse's rights

A surviving spouse cannot be completely disinherited. The spouse may elect to take up to one-half of the augmented estate, which includes certain non-probate transfers (Neb. Rev. Stat. § 30-2313 et seq.), plus the homestead allowance, exempt property and family allowance (Neb. Rev. Stat. §§ 30-2322 to 30-2324).

Homestead

No special restriction on devising a homestead by will. A surviving spouse (or minor/dependent children) is entitled to a homestead allowance of $20,000 with priority over most claims and devises (Neb. Rev. Stat. § 30-2322); the homestead exemption from creditors is in Neb. Rev. Stat. § 40-101.

If you die without a will in Nebraska

If you die without a will in Nebraska, your spouse takes everything if you leave no descendants and no parents. If you leave parents but no descendants, or if all of your descendants are also your spouse's, the spouse takes the first $100,000 plus half of the balance. If any descendant is not your spouse's, the spouse takes half (Neb. Rev. Stat. §§ 30-2302, 30-2303). With no spouse, everything passes to descendants, then parents, then siblings and their descendants. More on intestacy.

Other estate-planning documents in Nebraska

• Durable financial power of attorney: Neb. Rev. Stat. § 30-4001 et seq. (Nebraska Uniform Power of Attorney Act, 2012). The power of attorney must be signed by the principal (or by another adult in the principal's conscious presence at the principal's direction); a signature acknowledged before a notary public is presumed genuine and is required in practice (Neb. Rev. Stat. § 30-4005). Witnesses are not required by statute; two adult witnesses are recommended. Record it with the register of deeds before using it for real estate.
• Advance healthcare directive: Neb. Rev. Stat. § 30-3401 et seq. (power of attorney for health care; optional form at § 30-3408) and § 20-401 et seq. (Rights of the Terminally Ill Act; declaration). A power of attorney for health care must be signed by the principal and either signed by two adult witnesses or acknowledged before a notary public (Neb. Rev. Stat. § 30-3404). A witness may not be the attorney in fact, the principal's spouse, parent, child, grandchild or sibling, a presumptive heir, a person with a claim against the estate, the attending physician, or an employee of the principal's life or health insurer; only one witness may be an administrator or employee of a health care provider (Neb. Rev. Stat. § 30-3404). A living will declaration follows the same two-witnesses-or-notary rule (Neb. Rev. Stat. § 20-404). The statutory forms are optional.
• HIPAA authorization: HIPAA authorization is governed by federal law (45 C.F.R. § 164.508); no state-specific execution formality. Sign and date it; no witnesses or notary are required, though notarization does no harm.
• Personal property memorandum: Recognized (Neb. Rev. Stat. § 30-2338).

Nebraska notes

• Nebraska recognizes holographic wills whose signature and material provisions are in the testator's handwriting (Neb. Rev. Stat. § 30-2328); a typed, witnessed will is far easier to prove.

Frequently asked questions

How many witnesses does a will need in Nebraska?

Nebraska requires 2 witnesses (Neb. Rev. Stat. § 30-2327). Two witnesses. The will must be in writing, signed by the testator (or by another in the testator's presence and by the testator's direction), and signed by at least two persons, each of whom witnessed either the signing or the testator's acknowledgment of the signature or of the will (Neb. Rev. Stat. § 30-2327). Any person generally competent to be a witness may act, and a will is not invalid because it is signed by an interested witness (Neb. Rev. Stat. § 30-2330); use adults who take nothing under the will anyway. Witnesses need not sign in each other's presence, but signing together in one sitting is the safest practice.

Does a will need to be notarized in Nebraska?

Not for the will itself. A notary is needed only to make the will self-proving through the affidavit, which is strongly recommended.

Does Nebraska have a self-proving affidavit?

Yes (Neb. Rev. Stat. § 30-2329). It lets the court accept the will without tracking down the witnesses later.

Are handwritten (holographic) wills valid in Nebraska?

Yes, Nebraska recognizes holographic wills under certain conditions, but a typed, witnessed will is far safer and is what this service produces.

Can I disinherit my spouse in Nebraska?

A surviving spouse cannot be completely disinherited. The spouse may elect to take up to one-half of the augmented estate, which includes certain non-probate transfers (Neb. Rev. Stat. § 30-2313 et seq.), plus the homestead allowance, exempt property and family allowance (Neb. Rev. Stat. §§ 30-2322 to 30-2324).

What happens if I die without a will in Nebraska?

If you die without a will in Nebraska, your spouse takes everything if you leave no descendants and no parents. If you leave parents but no descendants, or if all of your descendants are also your spouse's, the spouse takes the first $100,000 plus half of the balance. If any descendant is not your spouse's, the spouse takes half (Neb. Rev. Stat. §§ 30-2302, 30-2303). With no spouse, everything passes to descendants, then parents, then siblings and their descendants.

Is a no-contest clause enforceable in Nebraska?

A provision penalizing an interested person for contesting the will is unenforceable if probable cause exists for instituting the proceeding (Neb. Rev. Stat. § 30-24,102, Nebraska's enactment of UPC § 3-905).

Statutes cited are for reference and may have been amended. This page is general information, not legal advice.