Can an iPhone Note Be a Valid Will in Nebraska? What the Law Actually Says

Headlines about “iPhone wills” have spread quickly, especially after courts overseas accepted phone notes as valid wills. These stories can be misleading for Nebraska residents. Nebraska law is far more traditional and far less forgiving when it comes to will execution.

In Nebraska, a valid will generally must be a paper document that is properly signed and witnessed. Nebraska also allows handwritten (holographic) wills, but only when the material provisions, signature, and date are all in the testator’s own handwriting. Nebraska has not adopted the Uniform Electronic Wills Act, and it has not adopted a broad “harmless error” rule that allows courts to excuse missing signatures or witnesses based on intent alone.

That means a typed iPhone Note, text message, or email—no matter how clear or heartfelt—will almost never qualify as a valid will in Nebraska. At best, these digital messages become evidence in a dispute. At worst, they leave loved ones dealing with intestacy, court delays, and outcomes the deceased never wanted.

Cases like Wheatley v Peek are useful not because they change Nebraska law, but because they show how risky informal planning can be—even in places where courts are allowed to bend the rules.

Key Takeaways for Nebraska Readers

• Nebraska courts do not have a broad power to fix defective wills based on intent alone.

• Typed phone notes do not qualify as handwritten (holographic) wills.

• Nebraska does not recognize purely electronic or digital wills.

• Leaving only a text or Notes app message usually results in intestacy, not enforcement.

Can an iPhone Note or Text Message Be a Valid Will in Nebraska?

Short answer: almost never.

Nebraska law requires a will to meet strict statutory requirements. While technology is changing estate planning nationwide, Nebraska has remained conservative. Typed notes stored on a phone generally fail because they are not properly signed, not properly witnessed, and not handwritten in the manner Nebraska law requires.

Simply labeling a phone note “Last Will” does not make it legally effective here.

Why Are People Talking About “iPhone Wills”?

Much of the recent attention comes from Wheatley v Peek, a 2025 Australian case involving an iPhone Notes document titled “Last Will.”

In that case, the deceased died shortly after a serious health episode. An iPhone note was discovered after his death that clearly listed beneficiaries, dollar amounts, and an executor. Even so, the document was not automatically accepted. The court had to determine whether the deceased intended the note to operate as his final will and whether it displaced prior planning. That analysis required formal court proceedings and legal argument  .

The key point for Nebraska readers is not that the note “worked,” but why it could even be considered: Australian courts have a statutory “dispensing power” that allows judges to accept informal documents if intent is proven.

Nebraska courts do not.

Why Wheatley v Peek Does Not Change Nebraska Law

Nebraska judges cannot simply say, “This looks like what the person wanted, so we’ll accept it.” Nebraska has not adopted the harmless-error rule found in some U.S. states, and it has not granted courts broad authority to excuse execution defects.

Even the best-case scenario for an iPhone will required litigation in Wheatley v Peek. Under Nebraska law, the same facts would almost certainly result in a finding that no valid will exists.

What Does Nebraska Law Actually Require for a Valid Will?

Under Nebraska Revised Statute § 30-2327, a standard will must be in writing, signed by the person making the will, and signed by two witnesses who observed the signing or acknowledgment.

Nebraska courts apply these requirements strictly. If a document lacks proper signatures or witnesses, it is generally invalid regardless of intent.

What About Handwritten (Holographic) Wills in Nebraska?

Nebraska does allow holographic wills under § 30-2328, but the exception is narrow.

The material provisions, signature, and date must all be in the testator’s own handwriting. Typed language does not qualify as handwriting. Printing a typed phone note does not fix the problem. Text messages, emails, and voice memos do not meet the statute.

Holographic wills exist as a limited safety net, not as a substitute for formal planning.

Does Nebraska Recognize Electronic Wills?

No.

Nebraska has not adopted the Uniform Electronic Wills Act. Although electronic signatures are valid for many contracts, wills are expressly excluded. A will may be drafted digitally, but it must be printed and physically signed with proper witnesses to be enforceable.

Electronic signatures, DocuSign, or stylus-based signatures on a screen are not sufficient under current Nebraska law.

What Happens If Someone Dies Leaving Only a Phone Note or Text?

In most cases, the estate is treated as if there is no will at all.

Nebraska’s intestacy laws then determine who inherits. Digital messages may influence family negotiations or litigation strategy, but they do not control asset distribution.

This is one of the most common ways families end up in avoidable probate disputes.

FAQ: iPhone Notes, Text Messages, and Nebraska Wills

Can an iPhone Note serve as my will in Nebraska?

Almost certainly not. Because it is typed and usually unwitnessed, it does not meet Nebraska’s statutory requirements.

What if my phone note is very detailed and clearly labeled “Last Will”?

Detail does not replace formal execution. Even a detailed phone note would almost certainly fail under Nebraska law.

Can Nebraska courts fix small mistakes if my intent is obvious?

Generally no. Nebraska has not adopted a broad harmless-error rule for wills.

Is Nebraska likely to allow electronic wills in the future?

Possibly, but not yet. Any change would require legislative action.

Use Technology to Organize, Not to Execute

Technology is helpful for organizing information and planning conversations. But in Nebraska, the document that protects your family must still be printed, signed, and properly witnessed.

If your estate plan exists only on your phone, you are taking a serious legal risk.

If you want to make sure your wishes actually hold up in Nebraska probate court, the safest next step is formal planning—not another note in your Notes app.