IMPORTANT NOTICE
I am not your attorney, and this template is provided for general informational purposes only. It is not legal advice, nor does its use create an attorney-client relationship. Nebraska law changes periodically and may require adaptation to your specific facts. Always consult a licensed Nebraska attorney before relying on or filing any legal document.
SIMPLE LAST WILL AND TESTAMENT
State of Nebraska
[// GUIDANCE: Replace every bracketed placeholder with client-specific information. Delete guidance comments before final execution.]
TABLE OF CONTENTS
- Article I – Declaration & Identification
- Article II – Definitions
- Article III – Dispositive Provisions
- Article IV – Appointment of Fiduciaries
- Article V – Fiduciary Powers & Indemnification
- Article VI – Administrative & Tax Provisions
- Article VII – Simultaneous Death & Disclaimer
- Article VIII – Governing Law & Probate Forum
- Article IX – General Provisions
- Execution Page – Testator, Witnesses, Notary (Self-Proving Affidavit)
ARTICLE I
DECLARATION & IDENTIFICATION
1.1 Testator. I, [TESTATOR FULL LEGAL NAME], presently residing at [ADDRESS, COUNTY], Nebraska, being of sound mind and over the age of eighteen (18) years, hereby revoke all prior Wills and Codicils and declare this to be my Last Will and Testament (“Will”).
1.2 Family Status.
a. Spouse: [SPOUSE NAME / “none”]
b. Children: [LIST EACH CHILD / “none”]
c. Other Dependents: [NAMES / “none”]
[// GUIDANCE: Include adoption status, predeceased children, or anticipated children if relevant.]
ARTICLE II
DEFINITIONS
For purposes of this Will, capitalized terms have the following meanings:
“Estate” – All property, real and personal, tangible and intangible, wherever situated, that I own or have any interest in at death.
“Executor” – The Personal Representative appointed under Article IV, including any Successor Executor.
“Minor Child” – Any child of mine under eighteen (18) years of age.
“Net Estate” – My Estate after payment of funeral expenses, debts, taxes, costs of administration, and expenses authorized herein.
ARTICLE III
DISPOSITIVE PROVISIONS
3.1 Specific Bequests. I give the following property free and clear of any encumbrances (except as noted) to the beneficiaries named below:
a. [Description of Property] to [Beneficiary Name & Relationship].
b. [Repeat as needed].
3.2 Tangible Personal Property Memorandum. I may leave a written statement or list disposing of items of tangible personal property not otherwise specifically bequeathed. Such statement, if signed and dated by me and referred to in this Will, shall be incorporated herein by reference.
3.3 Residuary Clause. I devise, bequeath, and give all the rest, residue, and remainder of my Estate (“Residue”) to [Primary Residuary Beneficiary].
a. If [Primary Residuary Beneficiary] does not survive me by thirty (30) days, the Residue shall pass to [Alternate Beneficiary], per stirpes.
b. If no named beneficiary survives me, the Residue shall pass to my heirs at law per Nebraska intestacy statutes.
3.4 Guardian for Minor Children. If my spouse does not survive me or is unable to act, I nominate [GUARDIAN NAME] of [CITY, STATE] as Guardian of the person and estate of each Minor Child.
ARTICLE IV
APPOINTMENT OF FIDUCIARIES
4.1 Executor. I nominate [PRIMARY EXECUTOR NAME] of [CITY, STATE] as Executor of this Will.
a. Successor Executor: [SUCCESSOR EXECUTOR NAME].
b. Bond Waiver: No Executor shall be required to post bond.
c. Compensation: Executor may receive reasonable compensation and reimbursement for expenses.
4.2 Trustee (If Testamentary Trust Created). [// GUIDANCE: Omit if no trust.]
a. Nominee: [TRUSTEE NAME].
b. Successor Trustee: [SUCCESSOR TRUSTEE NAME].
ARTICLE V
FIDUCIARY POWERS & INDEMNIFICATION
5.1 Powers. My Executor is granted all powers permissible to a personal representative under Neb. Rev. Stat. § 30-2472 and successor provisions, including, without limitation, the power to:
a. Sell, lease, exchange, or mortgage real or personal property;
b. Settle claims for or against my Estate;
c. Invest Estate assets pursuant to the Nebraska Uniform Prudent Investor Act;
d. Make partial distributions in cash or in kind; and
e. Employ professionals and delegate authority as reasonable.
5.2 Indemnification. The Executor and any Guardian or Trustee (collectively, “Fiduciaries”) shall be indemnified from the assets of my Estate against any liability or expense incurred by reason of acting in good faith under this Will, and no Fiduciary shall be personally liable beyond the value of the Estate assets under its control.
ARTICLE VI
ADMINISTRATIVE & TAX PROVISIONS
6.1 Taxes. All estate, inheritance, and similar transfer taxes (including interest and penalties) assessed by reason of my death (“Death Taxes”) shall be paid from the Residuary Estate without apportionment, except as otherwise required by law or by non-probate beneficiary designations.
6.2 Expense Payment Order. Funeral expenses, expenses of last illness, valid debts, costs of administration, and Death Taxes shall be paid in that order, unless otherwise required by Neb. Rev. Stat. § 30-2487.
6.3 Apportionment of Income and Expenses. Income and expenses shall be apportioned between income and principal in accordance with the Nebraska Uniform Principal and Income Act.
ARTICLE VII
SIMULTANEOUS DEATH & DISCLAIMER
7.1 30-Day Survival Requirement. Except as otherwise specifically provided, a beneficiary must survive me by thirty (30) days to take under this Will.
7.2 Simultaneous Death. If any beneficiary and I die under circumstances rendering it uncertain who survived, it shall be deemed that such beneficiary predeceased me.
7.3 Disclaimers. Any beneficiary may disclaim any part of a devise in the manner permitted by applicable law.
ARTICLE VIII
GOVERNING LAW & PROBATE FORUM
8.1 Governing Law. This Will shall be governed by and construed in accordance with the laws of the State of Nebraska (“state_probate_law”).
8.2 Exclusive Forum. All matters relating to the probate, construction, or administration of this Will shall be filed exclusively in the appropriate Nebraska county court having probate jurisdiction (“state_probate_court”).
8.3 Jury Waiver. Consistent with Nebraska probate procedures, no right to trial by jury exists in formal probate proceedings.
8.4 Injunctive Relief. Nothing herein shall limit the court’s equitable power to provide injunctive or other remedial relief in any will-contest or related proceeding (“will_contest_remedy”).
ARTICLE IX
GENERAL PROVISIONS
9.1 No-Contest Provision. Any beneficiary who directly or indirectly contests this Will shall forfeit his or her interest, and such interest shall pass as if that beneficiary predeceased me.
9.2 Severability. Should any provision of this Will be held invalid, the remaining provisions shall continue in full force.
9.3 Headings. Article and section headings are for convenience only and shall not affect interpretation.
9.4 Gender & Number. References to any gender include all genders; singular includes plural and vice versa as context requires.
9.5 Digital Assets. My Executor may access, handle, distribute, and dispose of my digital assets and electronic communications to the fullest extent permitted by the Revised Uniform Fiduciary Access to Digital Assets Act (Nebraska version).
EXECUTION & ATTESTATION
IN WITNESS WHEREOF, I have signed this Will on the date set forth below.
Date: _ day of _, 20___
[TESTATOR FULL LEGAL NAME], Testator
WITNESS ATTESTATION
We, the undersigned witnesses, were present on the date above when [TESTATOR NAME] signed and declared this instrument to be his/her Last Will and Testament. We affirm that the Testator appeared to us to be of sound mind and not under duress, and that the Testator signed (or acknowledged his/her signature) in our presence, and we sign our names hereto as witnesses in the presence of the Testator and each other.
-
Name: [WITNESS #1 FULL NAME]
Address: [ADDRESS] -
Name: [WITNESS #2 FULL NAME]
Address: [ADDRESS]
[// GUIDANCE: Nebraska requires two competent witnesses, each generally 18+ and disinterested if possible.]
SELF-PROVING AFFIDAVIT
(Recommended under Neb. Rev. Stat. § 30-2432.01)
State of Nebraska )
County of [COUNTY] ) SS.
We, [TESTATOR NAME], [WITNESS #1 NAME], and [WITNESS #2 NAME], being first duly sworn, declare to the undersigned authority that the Testator signed the foregoing instrument as his/her Will; that each of the witnesses, in the presence of the Testator and each other, signed the Will as a witness; and that, to the best of our knowledge, the Testator was at least eighteen (18) years of age, of sound mind, and under no duress or undue influence.
______ (Testator)
_____ (Witness #1)
_______ (Witness #2)
Subscribed, sworn to, and acknowledged before me by [TESTATOR NAME], and subscribed and sworn to before me by [WITNESS #1 NAME] and [WITNESS #2 NAME], on this _ day of _, 20___.
Notary Public
My commission expires: ____
[// GUIDANCE: File the executed, original Will with the qualified Nebraska county court after death. Retain multiple conformed copies. Review/update this Will upon major life events or every 3-5 years.]