How to Verify and Probate an Old Will Discovered Decades After Execution

Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified Nebraska attorney for guidance on your specific situation.

Detailed Answer

When you uncover a will executed many years ago, Nebraska’s probate process allows you to validate and admit it to court, even if decades have passed. Follow these steps under Nebraska law:

1. Determine the Will’s Status

First, confirm whether you have the original document. Nebraska courts prefer the original will but can admit a copy if you prove the original is lost or destroyed without intent to revoke. See Neb. Rev. Stat. §30-2464.

2. Prepare a Petition for Probate

File a verified petition in the county probate court where the decedent resided. Your petition must include:

• The decedent’s name, date of death, and last residence.
• A request to admit the will and appoint a personal representative.
• If you lack the original will, a statement describing efforts to find it and attesting that it wasn’t destroyed to revoke it.

Refer to Neb. Rev. Stat. §30-2401 for petition requirements.

3. Provide Notice to Interested Parties

Nebraska law requires notice to all heirs, beneficiaries, and devisees. The court will set a date for hearing. Notice must comply with Neb. Rev. Stat. §30-2412, ensuring potential heirs can contest the will if desired.

4. Prove the Will’s Validity at Hearing

At the hearing, you must demonstrate:

• Proper execution: The will was signed by the testator and attested by two credible witnesses. (Neb. Rev. Stat. §30-2343)
• Testamentary capacity: The testator understood the nature and effect of the document.
• Absence of undue influence or fraud.

If you have only a copy, present credible evidence about why the original is missing and prove its contents. See Neb. Rev. Stat. §30-2464 (admission of copy when original is lost).

5. Appointment of a Personal Representative

Once the court admits the will, it appoints the personal representative named in the will or, if none, an eligible applicant. The representative must qualify by taking an oath and posting bond if required. (Neb. Rev. Stat. §30-2405)

6. Administer the Estate

The personal representative gathers assets, pays debts and taxes, and distributes property according to the will. The probate court oversees each step until final distribution and estate closing.

Helpful Hints

• Locate any witness affidavits or self-proving statements attached to the will. Those can speed up probate under Neb. Rev. Stat. §30-2346.
• Check for codicils—amendments to the will—to ensure you include all provisions.
• Document your search for the original will thoroughly. Courts look closely at lost-will claims.
• Notify all potential heirs, even if they receive nothing under the will, to prevent later challenges.
• Keep detailed records of notices, bonds, inventories, and fiduciary accounts to comply with court orders.