Make a Nebraska Last Will and Testament

Nebraska State Last Will and Testament Laws

Definition of Will - § 30-2209(53)

Laws - Nebraska Revised Statutes Chapter 30

Witnesses - According to §30-2327, the Will must be signed by two (2) witnesses.

A Sample Nebraska Last Will and Testament with Examples of Each Step

Step 1 - Using the template provided by FormSwift, enter your full legal name, followed by your identified gender.

Step 2 - List your city and county of residence.

Step 3 - Specify your marital status from one of the following choices:

• Single
• Married
• Separated
• Divorced
• Widowed

If you aren’t single, provide the name of your spouse.

Step 4 -  If you have children, pets, property, or life insurance policies, provide that information here.

Step 5 - Provide your children’s names, if they are living, and whether or not they will be named as beneficiaries in your will. In addition, list the names of pets, and information about any life insurance policies.

Step 6 - List the amount of money or percentage of your property you’d like to leave each child.

Step 7 - If you’d like to set up a trust for someone who is mentally ill or someone with a disability of some sort, specify that here. Setting up a trust for a person with special needs or a disability, especially if they require special care, can prevent any interference with their ability to receive Supplemental Security Income and Medicaid benefits.

Step 8 - List the age that your children must be in order to start receiving benefits from their trust, as well as how much of the trust will be received. Finally, provide what age they will be when the benefits end.

Step 9 - Do you know which funeral home you’d like to use? Provide that information here.

Step 10 - Would you like a specific food to be served at the meal after the funeral service? Would you like the meal to be served at a particular place? If you have that information or other specific burial arrangement information, enter it here.

Step 11 - Naming your Executor - Your Executor is a person who is charged with administering your estate once you pass away. Your Executor can be a beneficiary in your Will or your attorney. However, it is important that you name an Executor. If one is not named, one will be appointed by the court. Provide the following information:

• Executor’s name
• Relationship to you

Also, if you’d like to provide an alternate Executor, or if there is someone you do not want to act as your Executor, provide their name and relationship to you as well.

Step 12 - Appointing a Trustee - If your assets are set up in a trust, you must appoint a person, known as a Trustee, to disperse your assets once you pass away. If your assets are in a trust, provide the following information:

• Name of your Trustee
• Your relationship with them

Step 13 - Digital Executor - A Digital Executor is someone charged with distributing your digital assets. Digital assets can include trademarks, copyrights, valuable photos, digital currency, etc. If you have digital assets and wish to appoint a Digital Executor, provide the following information:

• Name of your Digital Executor
• Relationship with you

Step 14 - Guardian for Your Minor Children - If you have minor children and wish to appoint a guardian to care for them if you die, provide the following information for them as well as for an alternate guardian and a conservator.

• Name
• Relationship to you

Step 15 - Additional Beneficiaries - If you wish to appoint additional beneficiaries besides your children, provide the following information for each beneficiary:

• Name of Beneficiary
• Relationship to you
• Inheritance amount/percentage

Step 16 - Disinheriting a Beneficiary - If you want to disinherit a spouse, a child, or another beneficiary, provide the following information:

• Disinherited individual’s name
• Relationship to you

Step 17 - Witnesses - Provide the following information for each of the witnesses in your Will:

• Name
• Address (including city, state, zip code)
• Telephone number

When you sign the Will, your two witnesses must also sign.

Why do you need a Nebraska last will and testament form?

A last will and testament in the State of Nebraska is a legal document and is important for protecting your family, loved ones, and any assets you own. Creating a valid will is an important step in estate planning. Having a will allows you to name guardianship of any minor children, name an executor who will carry out any wishes outlined in your will, and allocate your property and estate any way you see fit.

The benefits of having a will

A last will and testament is not legally required in the State of Nebraska, but there are many advantages to having one.

• Any assets in your name can be distributed to named beneficiaries in whatever manner you desire.
• You can also name an executor in your will that will be responsible for carrying out your wishes as outlined by your will.
• A will also allows you to name a guardian for your minor children.
• It also allows for pet trusts to be included.

The costs of not having a will

Without a will, upon your death, intestacy laws will be enacted, meaning the distribution of your assets will be determined by the courts. In the State of Nebraska, if there is no will in place, a surviving spouse will inherit the entirety of the estate. If there are any descendants, the spouse will receive the first $100,000 plus half of the remainder of the estate. Any descendants would split the rest. If the descendants are from a different relationship aside from the surviving spouse, the surviving spouse would inherit half of the estate. If there are no children, but there is a surviving spouse and surviving parents, the parents are also entitled to a portion of the estate. If there is no spouse, no children, and no surviving parents, the next closest relative will inherit the entirety of the estate. If no relative can be found, the State of Nebraska becomes the beneficiary of the estate.