Personal Property Memorandum Requirements in Nebraska

At a glance

Requirements one by one

The will and eligible property

Neb. Rev. Stat. § 30-2338 permits a will to refer to a written statement or list for tangible personal property that the will does not otherwise specifically dispose of. The will may refer to a writing that will exist at the testator's death.

The device excludes money, evidences of indebtedness, documents of title, securities, and property used in trade or business. The section states no per- item or aggregate value ceiling.

Execution, date evidence, and identification

The writing must either be in the testator's handwriting or be signed by the testator. It also must describe the items and devisees with reasonable certainty.

Nebraska ordinarily requires an indication of the date of writing or signing, but it does not automatically reject every undated writing. In the absence of an indicated date, the writing can still be admitted if it is the only such writing, contains no inconsistency with another like writing, or its date can be determined from its contents, extrinsic circumstances, or other evidence.

The section states no witness, notarization, or signature-placement condition for the separate writing.

Timing and later alteration

The writing may be prepared before or after execution of the will, may be altered after preparation, and may have no significance apart from its effect on the will's disposition.

Section 30-2338 does not say that the newest writing controls. Date evidence instead matters through the admissibility test, especially when undated writings conflict. The section does not prescribe a special initialing or re-signing method for each alteration.

Evidentiary effect

A writing that satisfies § 30-2338 is admissible as evidence of the intended disposition. The undated-writing alternatives are savings routes, not merely recommendations. The section states no separate probate filing or delivery procedure and no lapse rule.

What trips people up

“Undated” does not always mean inadmissible. A single undated writing, an undated writing that is consistent with the others, or one whose date can be proved from other evidence may satisfy the statute.

The savings rule is not a blanket conflict-priority clause. Section 30-2338 does not say that the most recent list automatically revokes an earlier list or overrides a specific gift in the will.

Common questions

Must the writing show a date?

Usually, but the statute supplies alternatives. Without an indicated date, the writing may still qualify if it is the only such writing, contains no inconsistency with another like writing, or its date can be determined from its contents, circumstances, or other evidence.

Can the writing be created after the will is signed?

Yes. It may be prepared before or after execution of the will, and the will may refer to one that will exist at the testator's death.

Can the writing be changed later?

Yes. The testator may alter it after preparation. The statute does not require every alteration to be separately initialed, signed, or dated, but the complete writing still must satisfy the execution, identification, and date-evidence rules when offered.

Must witnesses or a notary sign?

No witness or notary condition appears in § 30-2338. The execution choices are the testator's handwriting or signature.

Statutes and sources

• Neb. Rev. Stat. § 30-2338 — will reference, property scope and exclusions, handwriting or signature, date and undated-writing alternatives, identification, timing, alteration, independent significance, and admissibility. Nebraska Legislature: https://nebraskalegislature.gov/laws/statutes.php?statute=30-2338 (accessed 2026-08-11).