Where Should You Keep Your Important Estate Planning Documents in Nebraska?
Most people spend time and money creating an estate plan, but very few can answer a simple question: “Where are your important documents kept?” In my Nebraska estate planning practice, I hear the same vague answers over and over—“somewhere in the office,” “my spouse handles that,” “the bank has it.” The problem is that when a crisis strikes, those answers aren’t enough. If your family can’t find the documents you prepared, your estate plan may as well not exist. In this post, I explain why document location is critical, what risks families face when documents are misplaced, and provide an emergency checklist for keeping your estate plan accessible, secure, and useful. By the end, you’ll know exactly how to safeguard your will, power of attorney, trust documents, and insurance information so your loved ones aren’t left scrambling in a crisis.
Why Document Location Matters in Nebraska Estate Planning
Estate planning isn’t just about drafting wills and trusts—it’s about making sure your family can use them when needed. In Nebraska, as in most states, certain documents must be produced quickly in emergencies. If you’re incapacitated, your spouse or children may need your power of attorney immediately. If you pass away unexpectedly, your executor must present your original will to open probate under Nebraska law.
Families often run into three common problems:
The documents exist but no one can find them.
They’re digital but locked behind forgotten passwords.
They’re physical but stored in safes or banks that no one else can access.
Without access, the estate plan becomes a liability instead of a lifeline.
The “In Case of Emergency” Document & Access Plan
Physical Location Written Down
Don’t say “somewhere in the office.” Write it down clearly: “Filing cabinet, second drawer, folder labeled ‘Estate Planning.’”
Digital Backup with Shared Access
Use secure cloud storage and make sure at least two trusted family members have passwords.
Digital Asset Access
List important online accounts (email, financial portals, social media). Store passwords in a secure manager like 1Password or LastPass, and enable legacy access features for your executor.
Key Contact Information
Your estate planning attorney’s name, phone number, and email—on paper, not just in your phone.
Safe or Security Information
If you use a safe, write down the combination and store it separately. Don’t make your family play detective.
Insurance and Financial Details
Include company names, policy numbers, and contact details. For Nebraskans, this often includes farm insurance, life insurance, and business policies.
Business Continuity Instructions
If you own a Nebraska LLC, farm, or family business, provide written instructions about who can sign checks, access accounts, and continue operations.
The best estate plan in the world is worthless if your family can’t find it. Treat your documents like emergency equipment, not buried treasure.
FAQs About Estate Planning Documents in Nebraska
Do I need to keep original copies of my estate planning documents?
Yes. Nebraska courts require original wills for probate. If only a copy exists, probate becomes difficult. While Nebraska law allows probate of a lost will under Neb. Rev. Stat. § 30-2408, the legal hurdles are significant and costly. Courts presume a will last seen in the testator’s possession but missing was intentionally revoked.
Should I keep my will in a bank’s safe deposit box?
Generally, no. After your death, a safe deposit box is sealed. Under Neb. Rev. Stat. § 8-163.01, a nominated personal representative can legally request to search the box for a will, but the process requires coordination with the bank and sometimes court involvement, delaying probate. A secure but accessible home location, or storage with your attorney, is often better.
Can I just keep everything digital?
Digital backups are great, but don’t rely on them alone. Power outages, forgotten passwords, or locked accounts can block access. Always maintain both digital and physical access.
Who should know where my documents are?
At minimum, your spouse or partner, your chosen executor, and your attorney. If you have adult children, it’s often wise to share the location with them as well.
What happens if my family can’t find my will?
If the original will cannot be located, Nebraska law presumes it was destroyed with intent to revoke. Probating a copy is possible under § 30-2408, but it’s a difficult and expensive process, often leading to disputes.
Can my attorney keep my originals?
Yes. Many Nebraska estate planning attorneys provide secure storage for originals. If you choose this option, ensure your family knows where and how to retrieve them.
Final Thoughts
Estate planning is about more than creating documents—it’s about ensuring they can be used when needed. If the answer to “Where are your important documents?” is “around somewhere,” then your family has a problem.
Take 15 minutes today to complete the checklist above. If you’re unsure about the best way to secure your documents—or you need to create an estate plan from scratch—my office is here to help. A clear plan is the greatest gift you can give your family.