Nebraska wills
How to make a will in Nebraska
What Nebraska law requires for a valid will, how to sign it, and whether you can sign online. Updated for 2026.
Nebraska will requirements at a glance
| Who can make a will | Anyone 18 or older and of sound mind |
|---|---|
| Witnesses | Two adult witnesses |
| Notary instead of witnesses | No |
| A beneficiary as witness | Don't use one (see below) |
| Handwritten (holographic) wills | Valid |
| Self-proving affidavit | Available, with a form in state law |
| Electronic wills | Not allowed |
| Witnesses by live video | No; witnesses must be present |
| Online notarization for wills | No |
| File your will with the court while living | Available |
| State estate or inheritance tax | Inheritance tax |
How to sign a will in Nebraska
- Print your will and read every word. Fill in any blanks in ink, but don't sign yet.
- Choose two adult witnesses who receive nothing under your will and aren't married to anyone who does.
- Sign and date your will in front of both witnesses, at the same time. Then each witness signs while you and the other witness watch.
- Make it self-proving. You and your witnesses sign a short self-proving affidavit in front of a notary, so the court won't need to find your witnesses later. (Neb. Rev. Stat. 30-2329)
- Store the original safely and tell your executor where it is. Nebraska also lets you deposit your will with the probate court for safekeeping.
Who can make a will
Anyone 18 or older and of sound mind. A person under 18 who 'is not a minor' (for example, emancipated by marriage) may also make a will (Neb. Rev. Stat. 30-2326).
Witness rules
In writing, signed by the testator (or by another in the testator's presence and at the testator's direction), and signed by at least 2 individuals, each of whom witnessed the signing or the testator's acknowledgment of the signature or the will (30-2327). No timing or each-other rule.
If a witness inherits: The will stays valid, but unless there is at least 1 disinterested witness, an interested witness can take no more than his or her intestate share (30-2330(b)).
Handwritten wills
Signature, material provisions and an indication of the date of signing in the testator's handwriting. If undated, it is still valid if it is the only such instrument, has no inconsistency, or its date can be determined (30-2328).
Self-proving affidavit
Nebraska lets you and your witnesses sign a self-proving affidavit, so the court can accept your will without contacting your witnesses. (Neb. Rev. Stat. 30-2329)
Can I sign my will online in Nebraska?
No. No electronic-will statute found.
Print your will and sign it on paper with your witnesses in the same room.
Online notarization: An online notarial act does not satisfy appearance or presence requirements under laws governing the creation and execution of wills, codicils or testamentary trusts (64-418(2)(a)). (Online Notary Public Act, Neb. Rev. Stat. 64-401 to 64-419 (Laws 2019, LB186; operative 2020-07-01))
Good to know in Nebraska
When the will is signed with the combined self-proving affidavit, the affidavit signatures also count as the will signatures (30-2329(1)). Wills may be deposited with the county court of residence (30-2355).
Estate and inheritance taxes
Nebraska has an inheritance tax on what some heirs receive; gifts to charity are generally exempt. The federal estate tax applies only to estates over $15,000,000 per person in 2026, and gifts to charity are deductible.
Nebraska will questions
Does a will need to be notarized in Nebraska?
No. Two witnesses make a Nebraska will valid. A notary is needed only for the optional self-proving affidavit, which lets the court accept your will without contacting your witnesses.
Are handwritten wills legal in Nebraska?
Signature, material provisions and an indication of the date of signing in the testator's handwriting. If undated, it is still valid if it is the only such instrument, has no inconsistency, or its date can be determined (30-2328).
Can a beneficiary witness a will in Nebraska?
The will stays valid, but unless there is at least 1 disinterested witness, an interested witness can take no more than his or her intestate share (30-2330(b)).
Can I make a will online in Nebraska?
You can write your will online for free with MyLastWill, then print it and sign it with your witnesses. Nebraska doesn't allow electronic wills, so the will must be signed on paper.
Does Nebraska have an estate or inheritance tax?
Nebraska has an inheritance tax on what some heirs receive; gifts to charity are generally exempt. The federal estate tax applies only to estates over $15,000,000 per person in 2026, and gifts to charity are deductible.
Sources
- Neb. Rev. Stat. 30-2326 Who may make a will
- Neb. Rev. Stat. 30-2327 Execution
- Neb. Rev. Stat. 30-2328 Holographic will
- Neb. Rev. Stat. 30-2329 Self-proved will
- Neb. Rev. Stat. 30-2330 Who may witness; interested witness
- Neb. Rev. Stat. 30-2355 Deposit of will with court
- Nebraska Chapter 30 index
- Neb. Rev. Stat. 64-408 Types of online notarial acts
- Neb. Rev. Stat. 64-418 Online notarial act not available for certain requirements
- Neb. Rev. Stat. 64-419 Online notarial act validity
Last reviewed October 24, 2026 against Nebraska statutes. Laws change, and this is general information, not legal advice. For advice about your situation, talk with a Nebraska attorney.
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