Disclaimer: This article is for informational purposes and does not constitute legal advice. Consult a Nebraska attorney for legal guidance.
Detailed Answer
Located within the Nebraska Probate Code (Neb. Rev. Stat. Ch. 30) are specific procedures for locating and verifying original wills and codicils before filing for probate. Nebraska law requires that the original document be filed with the county court to begin formal probate.
1. Search the Testator’s Personal Records
Begin by reviewing the decedent’s personal files, safe-deposit boxes, home office, or digital storage. Original wills often reside in secure locations the decedent deemed confidential.
2. Contact the Drafting Attorney
Most attorneys retain original wills or certified copies. Reach out to any attorney the decedent used for estate planning. They can confirm whether an original or duplicate exists.
3. Check Bank Safe-Deposit Boxes
Wills frequently sit in bank safe-deposit boxes. Under Neb. Rev. Stat. § 30-2302, a court may grant access to a safe-deposit box after death. Present a certified death certificate and, if necessary, a court order.
4. Search Court Depositories
Nebraska law permits wills to be deposited with the court for safekeeping. Per Neb. Rev. Stat. § 30-2302, a testator may file an executed will with the clerk of the county court. Contact the clerk’s office in the county where the decedent resided to inquire about any deposited wills.
5. Verify Execution Formalities
To confirm authenticity, ensure the will or codicil meets Nebraska’s execution requirements. The document must be signed by the testator and witnessed by at least two competent witnesses under Neb. Rev. Stat. § 30-2311.
6. Handling a Lost or Destroyed Will
If the original cannot be located, Nebraska law allows you to prove a lost or destroyed will. Under Neb. Rev. Stat. § 30-2361, you must present clear and convincing secondary evidence of the will’s contents and proof that the testator did not revoke it intentionally.
Helpful Hints
- Review the decedent’s filing cabinets, home office, and digital archives.
- Ask family members if they know of any safe-deposit box leases.
- Obtain the certified death certificate early in the process.
- Contact all attorneys who prepared estate documents for the decedent.
- Consult the county court clerk for any wills filed under the Nebraska Probate Code.
- If the original is missing, gather witness affidavits to prove proper execution.
For more information, review the Nebraska Probate Code on the Nebraska Legislature’s website: Neb. Rev. Stat. Ch. 30.