Is An Online Will Legally Valid in Nebraska?

Yes, online wills are legally valid in Nebraska. However, you need to take steps beyond simply creating one online for it to hold up in court. Learn more below.

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Not to worry, FeedingBird is there with clear guidance every step of the way.

What Makes an Online Will Legally Valid in Nebraska?

Under Neb. Rev. Stat. 30-2327, a typed will must be in writing, signed by the testator, and signed by at least two competent individuals who each witnessed the signing or the testator's acknowledgment of the will. Notarization is not required to make the will legally valid, but a notarized self-proving affidavit under 30-2329 lets the court accept the will without requiring witness testimony later.

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Nebraska recognizes holographic wills. A handwritten will is valid without any witnesses, as long as the signature, the material provisions, and an indication of the date of signing are in the testator's own handwriting.

What You Need to Know about Online Wills in Nebraska

Estate laws are extremely complex and vary significantly by state. You will need to make sure your online will is structured correctly if you’d like to avoid a long, complex court process.

Nebraska Property Laws

All property owned solely in your name is distributed according to your will, or, if you do not have one, under the state's intestate succession rules, regardless of when that property was acquired during the marriage.

Nebraska Probate

Most estates in Nebraska go through county court. Smaller estates with personal property worth $100,000 or less may qualify for a small estate affidavit instead, once a minimum of 30 days have passed since the death.

Avoiding Probate in Nebraska

Probate can take lots of time to finalize and involve court costs. For that reason, many people wish to avoid it altogether. Here are some ways you can do that.

• Put your assets in a revocable living trust. A living trust lets you keep control over your estate as the trustee, and names an individual to manage distribution after your death.

• Name beneficiary designations for any of your financial and retirement accounts. A payable-on-death (POD) designation specifies who receives funds at the time of your death, and a transfer-on-death (TOD) designation names a new owner for brokerage accounts.

• Hold property as joint tenants with right of survivorship, which passes automatically to the surviving owner and does so outside of probate.

Want to learn more about trusts? Discover what is included in a trust.