Article I. Identification and Family
I am [[married / single / widowed / divorced]] and my spouse's name (if applicable) is [[Spouse Full Legal Name, or "none"]].
- My children are: [[List Full Names and Dates of Birth of All Living Children, or "none"]].
- If any of my children named above predecease me leaving surviving issue, such issue shall take the share their parent would have taken, per stirpes.
- I have no other children or issue living or deceased except as stated herein.
Article II. Payment of Debts, Expenses, and Taxes
I direct that all my legally enforceable debts, funeral expenses, expenses of my last illness, and costs of administration of my estate be paid as soon after my death as may be reasonably practicable.
- All estate, inheritance, transfer, succession, and other death taxes, together with any interest and penalties, payable by reason of my death, shall be paid out of my residuary estate without reimbursement from any person.
- My Personal Representative may, in the Personal Representative's discretion, pay any or all of my debts, expenses, or taxes from any property of my estate.
Article III. Specific Bequests and Devises
I give, devise, and bequeath the following specific items of tangible personal property or real property:
- To [[Full Name of Beneficiary 1]], I give my [[Description of Specific Item 1, e.g. 2018 Ford F-150 pickup truck, VIN XXXXXXXXX, or my diamond engagement ring]].
- To [[Full Name of Beneficiary 2]], I give [[Description of Specific Item 2, e.g. all my books and the sum of $[[Specific Cash Amount]] ]].
- To [[Full Name of Beneficiary 3 or Charity Name]], I give [[Description of Real Property or Other Item, including legal description if real estate: [[Full Legal Description or "my residence at [[Address]]"]]]].
- If any specific bequest fails for any reason, including if the beneficiary predeceases me, that bequest shall lapse and become part of my residuary estate.
Article IV. Residuary Estate
I give, devise, and bequeath all the rest, residue, and remainder of my estate, of whatsoever kind and wheresoever situated, of which I shall die seized or possessed or to which I shall be entitled at the time of my death, including all property not effectively disposed of by the preceding Articles, to [[Residuary Beneficiary Full Name(s) or "my children, in equal shares, per stirpes" or Trust Name]].
- If the residuary beneficiary does not survive me, the residuary estate shall pass to [[Alternate Residuary Beneficiary or "my then-living issue, per stirpes"]].
- Distributions to minor beneficiaries may be held in trust or custodianship under the Nebraska Uniform Transfers to Minors Act until the beneficiary reaches [[Age, e.g. twenty-one (21)]] years of age.
Article V. Appointment of Personal Representative
I nominate and appoint [[Primary Personal Representative Full Legal Name]] as Personal Representative of my estate. If [[Primary Personal Representative]] is unable or unwilling to serve, I appoint [[Alternate Personal Representative Full Legal Name]] as successor Personal Representative.
- My Personal Representative shall serve without bond, surety, or other security to the maximum extent permitted by Nebraska law.
- My Personal Representative shall have all powers granted by the Nebraska Probate Code (Neb. Rev. Stat. §§ 30-2201 et seq.), including but not limited to the power to sell, lease, mortgage, or otherwise deal with real and personal property; to compromise claims; to make distributions in kind; and to employ attorneys, accountants, and other professionals.
- My Personal Representative may exercise these powers without court order to the extent permitted by Nebraska law and any applicable court rules.
Article VI. Guardianship of Minor Children
If I am survived by any child who is a minor at the time of my death, I nominate and appoint [[Guardian Full Legal Name]] as guardian of the person and estate of such minor child. If [[Guardian]] is unable or unwilling to serve, I appoint [[Alternate Guardian Full Legal Name]] as successor guardian.
- Any guardian appointed shall have the powers and duties provided by Nebraska law governing guardianships.
- No bond shall be required of any guardian to the extent permitted by law.
Article VII. Trust for Minor or Incapacitated Beneficiaries
If any beneficiary under this Will is a minor or is incapacitated at the time of distribution, my Personal Representative may, in the Personal Representative's sole discretion, distribute such beneficiary's share to a custodian under the Nebraska Uniform Transfers to Minors Act, or to a trustee of a trust for the benefit of such beneficiary.
- The trustee or custodian shall apply income and principal for the health, education, maintenance, and support of the beneficiary.
- Any unexpended balance shall be distributed to the beneficiary upon reaching majority or removal of incapacity.
Article VIII. No-Contest Clause
If any beneficiary under this Will, or any person claiming through or under any such beneficiary, directly or indirectly contests or attacks this Will or any of its provisions, or joins with or assists anyone in doing so, then the share of such beneficiary shall be revoked and such beneficiary shall receive only the sum of One Dollar ($1.00) in lieu of any other interest in my estate.
- This clause shall not apply to any action brought in good faith to construe or interpret this Will.
- The determination of the Personal Representative that a contest has occurred shall be final and binding.
Article IX. Survival and Simultaneous Death
Any beneficiary who does not survive me by thirty (30) days shall be deemed to have predeceased me for purposes of this Will.
- If any beneficiary and I die under circumstances making it impossible to determine who survived the other, it shall be presumed that the beneficiary predeceased me.
Article X. Governing Law and Construction
This Will shall be governed by and construed in accordance with the laws of the State of Nebraska, including the Nebraska Probate Code.
- Headings are for convenience only and shall not affect interpretation.
- If any provision of this Will is held invalid or unenforceable, the remaining provisions shall continue in full force and effect.
Article XI. Self-Proved Will (Nebraska)
I, the undersigned Testator, declare that I signed this instrument as my Last Will and Testament, that I signed it willingly, and that I executed it as my free and voluntary act for the purposes therein expressed. I am eighteen years of age or older, of sound mind, and under no constraint or undue influence.
[[Testator Signature Line]]
Testator: [[Testator Full Legal Name]]
Date: ____________________
Address: [[Testator Address]]
We, the undersigned witnesses, each declare that the Testator signed this instrument as the Testator's Last Will and Testament in our presence, that the Testator signed it willingly, and that each of us, in the presence and hearing of the Testator, hereby signs this Will as witness to the Testator's signing, and that to the best of our knowledge the Testator is eighteen years of age or older, of sound mind, and under no constraint or undue influence.
Witness 1 Signature: _______________________________
Printed Name: [[Witness 1 Full Name]]
Address: [[Witness 1 Address]]
Date: ________________
Witness 2 Signature: _______________________________
Printed Name: [[Witness 2 Full Name]]
Address: [[Witness 2 Address]]
Date: ________________
Article XII. Affidavit for Self-Proved Will (Optional but Recommended)
State of Nebraska
County of [[County]]
Before me, the undersigned authority, on this day personally appeared [[Testator Full Legal Name]], [[Witness 1 Full Name]], and [[Witness 2 Full Name]], known to me to be the Testator and the witnesses, respectively, whose names are subscribed to the annexed or foregoing instrument in their respective capacities, and, all of said persons being by me first duly sworn, [[Testator Full Legal Name]], the Testator, declared to me and to the said witnesses in my presence that said instrument is the Testator's Last Will and Testament, and that the Testator had willingly made and executed it as the Testator's free and voluntary act and deed for the purposes therein expressed; and the said witnesses, each on the witness's oath stated to me, in the presence and hearing of the Testator, that the Testator had declared to them that the instrument is the Testator's Last Will and Testament, and that the Testator executed same as such and wanted each of them to sign it as a witness; and upon their oaths each witness stated further that they did sign the same as witnesses in the presence of the Testator and at the Testator's request; that the Testator was at that time eighteen years of age or over (or being under such age, was or had been lawfully married, or was then a member of the armed forces of the United States or of an auxiliary thereof or of the Maritime Service) and was of sound mind; and that each of said witnesses was then at least eighteen years of age.
[[Testator Signature]]
[[Witness 1 Signature]]
[[Witness 2 Signature]]
Subscribed and sworn to before me by the said Testator and witnesses on this ___ day of ____________, 20_.
Notary Public Signature: _______________________________
My commission expires: ________________
(Nebraska self-proved will format per Neb. Rev. Stat. § 30-2327 et seq.)
Article XIII. Additional Provisions
1. My Personal Representative is authorized to make distributions to beneficiaries who are minors or incapacitated by any method permitted by Nebraska law, including to a custodian, guardian, or trust.
- I direct that my remains be [[burial / cremation / other disposition instructions: [[Disposition Wishes]]]] at [[Location or Funeral Home Name]], with arrangements to be made by my Personal Representative in consultation with family.
- Any digital assets, online accounts, or cryptocurrency shall be handled by my Personal Representative in accordance with the Revised Uniform Fiduciary Access to Digital Assets Act as adopted in Nebraska and any separate digital asset instructions I may leave.
- I have made no contracts to make or not to make a will; any apparent contrary statements are not binding.
- My Personal Representative may, without court order, disclaim any interest in property on behalf of my estate if advisable for tax or other reasons permitted by Nebraska law.
- References to "issue" or "descendants" mean lineal descendants of all degrees, and "per stirpes" means by right of representation as defined under Nebraska probate law.
- If any beneficiary is a trust, the trustee of that trust may receive the bequest directly; my Personal Representative is authorized to rely on the trustee's receipt as full discharge.
- I encourage my beneficiaries to resolve any disputes amicably and to consider mediation before litigation to preserve family harmony and estate assets.
Article XIV. Signature of Testator
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my signature on this ___ day of ____________, 20_, at [[City, Nebraska]].
_______________________________________________
[[Testator Full Legal Name]], Testator
This is a sample Last Will and Testament template for the State of Nebraska for illustrative and educational purposes only. It is not legal advice and does not create an attorney-client relationship. Wills are highly fact-specific; execution requirements, self-proving procedures, spousal elective shares, pretermitted heir rules, and tax consequences are governed by the Nebraska Probate Code (Neb. Rev. Stat. Title 30) and may change. The testator should consult a licensed Nebraska attorney, review current statutes (as of June 2026 references herein), and properly execute the document with the required number of witnesses and notary to ensure validity. Store the original in a safe place and inform the Personal Representative of its location.
Additional Instructions and Notes for Personal Representative and Family
1. Locate the original of this Will promptly after my death and present it to the appropriate Nebraska county court for probate if required.
- Inventory all assets, including real estate, bank accounts, investments, personal property, digital assets, and life insurance payable to the estate.
- Notify all known creditors and publish any required notice to creditors under Nebraska probate rules.
- Prepare and file any required inventory, accounting, and tax returns (federal estate tax if applicable, Nebraska inheritance tax if due).
- Distribute assets only after all debts, expenses, and taxes are paid or adequately provided for, and after any required court approvals.
- Maintain clear records of all receipts, disbursements, and distributions for the benefit of beneficiaries and any court review.
These additional notes are guidance only and do not expand or limit the authority granted in the Articles above.
