What Happens When a Will Wasn’t Properly Signed Under Nebraska Law

Short answer: if a will fails to meet Nebraska’s execution requirements, a probate court can refuse to admit it. If that happens, the estate will usually be distributed under Nebraska’s intestacy rules unless another valid will exists or the court allows an exception. This article explains the process, potential remedies, and practical steps you can take.

Detailed Answer

Every state sets formal rules for making a valid will. Under Nebraska law, a document must satisfy the statutory execution requirements to be admitted to probate. Those requirements and related probate rules are found in the Nebraska Probate Code; see Nebraska Revised Statutes, Chapter 30: Neb. Rev. Stat. Chapter 30 (Probate Code).

1. How courts treat an improperly signed will

If the probate court determines that a document offered as a will was not properly executed (for example, missing required signatures, lacking required witness attestation or not meeting other statutory formalities), the court may decline to admit the document to probate. When the court refuses admission, the document has no operative effect as a will for purposes of distributing the decedent’s probate assets.

2. What happens to the estate if the will is invalid

When no valid will is admitted, the decedent is treated as having died intestate (without a valid will). Nebraska’s intestacy laws control distribution of probate assets in that case. Intestacy rules determine which relatives inherit (spouse, children, parents, siblings, etc.). For the statutory framework governing probate and intestacy, consult the Nebraska Probate Code: Neb. Rev. Stat. Chapter 30.

3. Potential exceptions and remedies

Even if a will was not properly signed, there are several paths that sometimes preserve the document’s effect or distribute the estate consistent with the decedent’s intent:

• Admission of other valid wills: If an earlier valid will exists and can be located and proved, that document governs distribution.
• Lost or destroyed wills: If a properly executed will was lost or destroyed, many courts allow probate of the will if its prior execution and contents can be proved by clear and convincing evidence. Check Nebraska statutes and local court practice for the exact procedure; see Neb. Rev. Stat. Chapter 30.
• Evidence of testamentary intent: In some jurisdictions, courts may admit a document that fails a formal requirement if there is strong extrinsic evidence that the decedent intended the document to be their will (sometimes called a “harmless error” or “substantial compliance” doctrine). Whether Nebraska courts will allow that remedy depends on the state statutes and case law. You should consult a Nebraska probate attorney to see if such a pathway is available.
• Will contests and settlement: Interested parties can contest the refusal to admit a will, or negotiate a settlement to distribute assets without prolonged litigation.

4. Who can object and who benefits

Interested parties—usually heirs, beneficiaries named in the document, the personal representative, or creditors—can object to admitting a will or can bring a petition to admit or contest a will. If the improperly signed document is excluded, the people who inherit are those identified by Nebraska’s intestacy rules unless another valid will controls.

5. Practical consequences

Refusal to admit a will can cause delays, increased legal costs, and family disputes. It can also change who inherits and how quickly assets are distributed. For multiple or mixed (probate and nonprobate) assets, consult counsel to determine the full practical effect.

Helpful Steps and Practical Tips

• Preserve all evidence: keep drafts, original documents, emails, handwritten notes, and any communications about the decedent’s testamentary plans.
• Identify potential witnesses: locate people who saw the decedent sign or can testify about their intent.
• Check for other estate planning documents: trusts, prior wills, beneficiary designations, deeds and contracts may control some property outside probate.
• Consider a lost-will petition: if a properly executed will was lost, you may be able to prove its terms and prior execution to the court.
• Act quickly on deadlines: probate courts have strict filing rules and time limits. Missing a deadline can waive rights.
• Talk to a Nebraska probate attorney: a lawyer can explain local practice, evaluate evidence, and file the right petitions to preserve rights or challenge a ruling.
• Expect potential litigation: if heirs disagree, a contested probate can be lengthy and expensive. Mediation or settlement may be a faster, less costly path.

Where to look in the law

Key Nebraska resources:

• Nebraska Revised Statutes, Chapter 30 (Probate Code): https://nebraskalegislature.gov/laws/statutes.php?chapter=30
• Nebraska Judicial Branch — probate and trust information (court procedures and local forms): https://supremecourt.nebraska.gov/court-procedures/probate-trusts

When to contact a lawyer

Contact an attorney if any of the following are true:

• The probate court has refused to admit an offered will.
• You have evidence that a properly executed will once existed but is lost or destroyed.
• You are an heir or beneficiary affected by a potential intestacy distribution.
• There is a dispute about the decedent’s testamentary intent or about whether formalities were satisfied.

Disclaimer: This article is for general information only and is not legal advice. It does not create an attorney-client relationship. Laws change and every case depends on its facts. For advice tailored to your situation, consult a Nebraska probate attorney.