Nebraska's will statute is short and more forgiving than people expect. Neb. Rev. Stat. 30-2327 asks for a writing, your signature, and two witnesses — but it does not require those witnesses to watch the pen move. Witnessing your acknowledgment of the signature, or of the will itself, counts just as well, and the acknowledgment does not have to be sworn.
What 30-2327 requires
The will must be in writing and signed by you, or signed in your name by another individual in your presence and by your direction. Then at least two individuals must sign, each having witnessed one of three things.
- Your signing of the will; or
- Your acknowledgment of that signature; or
- Your acknowledgment of the will itself.
The acknowledgment need not be sworn
Nebraska courts have been explicit that nothing in this section requires the acknowledgment to be sworn or confirmed by oath. Saying 'that's my signature' or 'this is my will' in front of a witness is enough.
What is not flexible: witnesses must sign before your death. A witness who was present but never signed leaves a gap.
The self-proving affidavit
Neb. Rev. Stat. 30-2329 provides the self-proving procedure. You and both witnesses swear to the affidavit before a notary public, and the will can then usually be admitted to probate without locating the witnesses years later.
It is optional. A will with no affidavit is still a valid Nebraska will.
Who can serve as personal representative
Under Neb. Rev. Stat. 30-2412, a person the court finds unsuitable in formal proceedings is not qualified to serve, and an objection to an appointment can be raised only in a formal proceeding. A person under eighteen is not yet entitled to letters, though they may nominate someone qualified.
Frequently Asked Questions
Do my witnesses have to watch me sign?
No. Neb. Rev. Stat. 30-2327 accepts a witness who saw you sign, or who witnessed your acknowledgment of the signature, or your acknowledgment of the will.
Does the acknowledgment have to be sworn?
No. Nebraska requires no oath or affirmation for the acknowledgment itself. The affidavit under 30-2329 is a separate, optional step.
Does a Nebraska will need a notary?
Not for validity. A notary is needed only for the optional self-proving affidavit.
When must the witnesses sign?
Before your death. Nebraska has been clear that a will must be signed by witnesses prior to the testator's death to be valid.