Nebraska

Overview

Here you will find what is required by state when making a living will. You will also find whether or not this specific state accepts oral or written wills.

Some key terms to keep in mind:

Testator: One who makes or has made a will; one who dies leaving a will.
Holographic Will: A will and testament that has been entirely handwritten and signed by the testator.
Oral Will: An oral will (or "nuncupative" will) is a will that has been delivered orally (that is, in speech) to witnesses, as opposed to the usual form of wills, which is written and according to a proper format.

State Requirements and Will Type Recognition

Code Section

§30-2326, et seq

Operative Facts

1. Adult of sound mind
2. must be signed by declarant or another at declarants direction
3. must be witnessed by 2 adults or notary public (adult is one who is over 19 years old. or is or has been married)
4. must be communicated to attending physician
5. is effective when patient in terminal condition, persistent vegetative state, or unable to make decisions regarding administration of life-sustaining treatment (sample form §20-404)

Age of Testator

18 years or older or anyone not a minor and of sound mind

Number of Witnesses Required

Signed by at least two individuals, each of whom witnessed either the signing or testators acknowledgment of signature or of the will.

Oral Will Recognition

Not recognized

Holographic Will Recognition

Valid, whether or not witnessed, if signature, material provisions, and an indication of the date of signing are in handwriting of testator; in absence of such indication of date, if instrument is the only such instrument or contains no inconsistency with any like instrument or if date is determinable from contents, from extrinsic circumstances, or from any other evidence.