Nebraska Last Will and Testament

A last will and testament is an important step in planning the distribution of your estate (real and personal property) upon your death. Nebraska wills permit the testator, the person writing the will, to provide for a spouse, children, other loved ones, and pets after his death, as well as to name a personal representative for the estate.

Not to be confused with a will, a Nebraska living will or advance directive provides instructions should you become incapacitated and incapable of making decisions regarding your medical care.

Do you need a last will and testament?

Although a last will and testament is not legally required, without a will, the laws of intestacy determine the distribution of an estate's assets. Because the outcome may not coincide with the decedent's wishes, it is generally advisable to create a last will and testament.

In addition to providing the opportunity to direct asset distribution, a Nebraska last will and testament also allows the testator to make a charitable gift, create a trust for any person, name a legal guardian for minor children, or create a “pet trust” in order to provide for the care of an animal after its owner’s death.

Before the terms of a Nebraska last will and testament can be effectuated, the will must be proven in probate court. Probate is the court-supervised process of distributing the estate of a deceased person.

The probate process in Nebraska begins with the filing of a Petition for Appointment of a Personal Representative in the County Court so the personal representative can obtain letters testamentary and proceed with the administration of the estate.

Nebraska offers a simplified probate process for small estates as well as the option of filing of affidavit signed under oath by a beneficiary stating she is entitled to a certain asset.