Nebraska living trusts & estate documents

Living trust law in Nebraska

A revocable living trust holds your home, accounts, and other property during your life — you stay in full control as trustee and can change or revoke it any time — then passes it to your beneficiaries without probate when you're gone. In Nebraska, trusts are governed by the Nebraska Uniform Trust Code, Neb. Rev. Stat. §30-3801 et seq..

Avoiding probate in Nebraska

Probate in Nebraska is governed by the Nebraska Probate Code, Chapter 30 and handled by the County Court. See state probate code for administration options.

Collection by affidavit, Neb. Rev. Stat. §30-24,125 — up to $100,000 That simplified procedure is set out in Collection by affidavit, Neb. Rev. Stat. §30-24,125. A funded living trust passes outside probate entirely, whatever the size of the estate — which is why Nebraska homeowners in particular set one up. Nebraska also authorizes a transfer-on-death deed (Neb. Rev. Stat. § 76-3401 et seq.) to pass real estate outside probate — a living trust does the same for every asset, not just real estate.

In Nebraska, creditors generally have 2 months after the first published notice (3-year outside bar from death) to file claims against the estate (Neb. Rev. Stat. § 30-2485) — one reason court probate takes time that a funded trust avoids.

Estate and inheritance tax in Nebraska

Nebraska has an inheritance tax — a tax on what each beneficiary receives, usually scaled to how closely related they were to you: Nebraska has a county inheritance tax; no estate tax. The separate federal estate tax reaches only estates above $15 million per person (2026, adjusted yearly), so most families never owe it.

Protecting a surviving spouse in Nebraska

A surviving spouse in Nebraska who is left out of the will can instead claim an elective share of up to one-half of the augmented estate under Neb. Rev. Stat. § 30-2313 — a protection the will itself cannot override.

Nebraska also sets aside a homestead allowance of $20,000 for a surviving spouse and minor children (Neb. Rev. Stat. § 30-2322), protected ahead of most creditors.

Signing your Nebraska documents

1. Sign the living trust. Executed and acknowledged before a notary.
2. Sign the will. Two witnesses; notarized self-proving affidavit included (standalone and pour-over wills).
3. Sign the power of attorney. Sign your Durable Power of Attorney before a Notary Public.
4. Sign the health care documents. Sign your Advance Health Care Directive in the presence of two adult witnesses and before a Notary Public, as the form’s execution block provides.
5. Follow your package instructions. Your package includes page-by-page signing instructions written for Nebraska — follow those as the authoritative guide.

Serving all of Nebraska

Answer the questionnaire from anywhere in Nebraska and download your completed documents in minutes: Omaha, Lincoln, Bellevue, Grand Island, Kearney, Fremont, Hastings, Norfolk, Columbus, North Platte, Papillion, La Vista, and every community in between.