Does My Will Still Work If I Move to Nebraska?
Relocating to Nebraska can raise important legal questions about your estate plan. A will drafted in another state is often still valid here, but that doesn’t mean it works the way you intend. Nebraska probate law has specific requirements about witnesses, holographic wills, personal representatives, and spousal rights. If your will or estate planning documents don’t comply with Nebraska law, your loved ones may face costly delays, added filings, or unintended outcomes. Nebraska also guarantees surviving spouses a share of the “augmented estate,” even if they’re excluded from the will, and requires proper formalities for healthcare directives and powers of attorney. While Nebraska law generally honors wills validly executed elsewhere, reviewing and updating your plan after moving ensures it functions as intended.
Valid vs. Effective: The Nebraska Difference
Nebraska will generally accept a will that was validly created in another state. This principle comes from both the Uniform Probate Code and the Full Faith and Credit Clause of the U.S. Constitution. But here’s the catch: just because your will is valid doesn’t mean it will work smoothly once it goes through Nebraska’s probate system. Validity means the will was properly signed and executed under the laws of your previous state. Effectiveness means Nebraska courts can enforce it without added complications. That distinction—valid versus effective—matters a lot when the goal is to make things easier for your loved ones.
What Nebraska Law Requires
If you’re settling in Nebraska, it’s worth understanding a few of the state’s specific rules. Formal wills must be signed in front of two competent witnesses. If your will only had one witness in your old state, it might be technically valid here, but Nebraska’s requirements could still create extra hurdles during probate. Nebraska also recognizes handwritten, or holographic, wills—even if they aren’t witnessed—as long as the signature, date, and main provisions are in your handwriting. And to make things even easier on your family, Nebraska allows wills to be “self-proved.” That means if the testator and the witnesses sign affidavits in front of a notary, the court can accept the will without needing to track down witnesses later.
Executors, or “Personal Representatives”
Nebraska uses the term “personal representative” instead of executor, but the role is the same. If you named someone out of state to handle your estate, Nebraska won’t automatically disqualify them. However, they may have to jump through extra hoops, like filing additional paperwork or posting a bond. These requirements can slow things down or add costs, which is why it’s often helpful to revisit your choice of personal representative after you move.
Spousal Rights: Elective Share
Nebraska is not a community property state, so if you’re coming from one, you’ll notice a difference. Instead, Nebraska follows an elective share system. This means that even if your will tries to leave your spouse out, the law gives them the right to claim up to half of what’s called the “augmented estate.” That estate isn’t limited to the assets that pass through probate—it can also include things like joint accounts, gifts made shortly before death, or certain trust assets. And there are deadlines too: a surviving spouse has nine months after the date of death, or six months after probate begins, to make the election. For anyone with a blended family or complex finances, this can dramatically affect how the estate is divided.
Healthcare Directives and Powers of Attorney
Moving is also the perfect time to check in on your other estate planning documents. Nebraska has its own legal requirements for healthcare powers of attorney and living wills. Even if your old documents are technically valid, they may not be as effective here—or worse, they may not be honored when they’re needed most. Updating them after your move ensures your wishes will actually be followed and avoids putting your loved ones in a stressful position.
And don’t forget about your beneficiary designations on life insurance, retirement accounts, and payable-on-death accounts. These assets pass outside of your will, and if they’re not in sync with your estate plan, they can create confusion—or worse, disputes.
Key Takeaway
If you’ve moved to Nebraska, your old will probably still counts as valid. But whether it’s effective and efficient under Nebraska law is another story. Witness rules, spousal rights, and executor requirements can all impact how your estate plan actually works in practice. Taking the time to update your documents now can save your family stress and expense later.
FAQs About Wills and Moving to Nebraska
Will Nebraska accept my will from another state?
Yes. Nebraska generally honors wills validly executed in other states, but probate may be more efficient if the will complies with Nebraska requirements.
Does Nebraska recognize handwritten wills?
Yes. Holographic wills are valid if the signature, date, and material provisions are in the testator’s handwriting.
How many witnesses does Nebraska require for a will?
Two competent witnesses are required for a formal will.
What is a self-proving will?
A will that includes notarized affidavits from the testator and witnesses, which simplifies probate by eliminating the need for witness testimony.
What rights does my spouse have under Nebraska law?
Your spouse can elect up to one-half of the augmented estate, regardless of what your will states.
Should I update my healthcare directive after moving to Nebraska?
Yes. Nebraska has specific legal requirements for these documents. Updating them ensures enforceability and avoids unnecessary stress for your family.
Ready to Update Your Estate Plan?
If you’ve moved to Nebraska, don’t leave your estate plan to chance. My office can review your will, healthcare directives, and other documents to ensure they comply with Nebraska law and reflect your wishes.