Self-Proving Your Nebraska Will

A Nebraska Last Will and Testament can be given added protection by being self-proved. This requires the testator and attesting witnesses to sign a declaration and affidavits before an authorized officer. The affidavit contents swear that all execution requirements were complied with at the time the Will was signed.
Where a Nebraska Will is self-proved, the signature requirements for execution are considered conclusively presumed. The necessary affidavit forms are found in the Nebraska code: 30-2329. Self-proved will. (1) Any will may be simultaneously executed, attested, and made self-proved by the acknowledgment thereof by the testator and the affidavits of the witnesses, each made before an officer authorized to administer oaths under the laws of this state or under the laws of the state where execution occurs and evidenced by the officer’s certificate, under official seal, in form and content substantially as follows: I, ………. the testator, sign my name to this instrument this ….. day of ….. 20…., and being first duly sworn, do hereby declare to the undersigned authority that I sign and execute this instrument as my last will and that I sign it willingly or willingly direct another to sign for me, that I execute it as my free and voluntary act for the purposes therein expressed and that I am eighteen years of age or older or am not at this time a minor, and am of sound mind and under no constraint or undue influence. Testator …………….. We, ………. and ………., the witnesses, sign our names to this instrument, being first duly sworn, and do hereby declare to the undersigned authority that the testator signs and executes this instrument as his or her last will and that he or she signs it willingly or willingly directs another to sign for him or her, and that he or she executes it as his or her free and voluntary act for the purposes therein expressed, 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 his or her knowledge the testator is eighteen years of age or older or is not at this time a minor, and is of sound mind and under no constraint or undue influence. Witness …………….. Witness…………….. THE STATE OF …………………………….. COUNTY OF ……………………………….. Subscribed, sworn to, and acknowledged before me by ………., the testator, and subscribed and sworn to before me by ………. and ………., witnesses, this ….. day of ……. 20…. . (SEAL) (Signed) …………………………… (Official capacity of officer) ………………. The execution of the acknowledgment by the testator and the affidavits of the witnesses as provided for in this section shall be sufficient to satisfy the requirements of the signing of the will by the testator and the witnesses under section 30-2327. (2) An attested will may at any time subsequent to its execution be made self-proved, by the acknowledgment thereof by the testator and the affidavits of the witnesses, each made before an officer authorized to administer oaths under the laws of this state or under the laws of the state where execution occurs, and evidenced by the officer’s certificate, under official seal, attached or annexed to the will in form and content substantially as follows: THE STATE OF ………………………………. COUNTY OF …………………………………. We, ………., ………., and ………., the testator and the witnesses, respectively, whose names are signed to the attached or foregoing instrument, being first duly sworn, do hereby declare to the undersigned authority that the testator signed and executed the instrument as his or her last will and that he or she had signed willingly or directed another to sign for him or her, and that he or she executed it as his or her free and voluntary act for the purposes therein expressed; and that each of the witnesses, in the presence and hearing of the testator, signed the will as witness and that to the best of his or her knowledge the testator was at that time eighteen or more years of age or was not at that time a minor, and was of sound mind and under no constraint or undue influence. Testator ………………….. Witness …………………… Witness …………………… Subscribed, sworn to, and acknowledged before me by ………., the testator, and subscribed and sworn to before me by ………. and ………., witnesses, this ….. day of ……. 20…. . (SEAL) (Signed) …………………………… (Official capacity of officer) ……………… Annotations Where a will complies with the provisions of this section, the signature requirements for execution are considered conclusively presumed. In re Estate of Stephens, 9 Neb. App. 68, 608 N.W.2d 201 (2000).

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