Updated July 18, 2023
A Nebraska self-proving affidavit form is a document that can be attached to a last will and testament to help it proceed through probate court expeditiously. In order for the beneficiaries of a will to receive their share of the testator’s (creator of will) estate after death, the will must first go through probate to ensure its validity. A will that contains a self-proving affidavit shows the court that the witnesses observed the testator execute the will void of duress and irrationality. Furthermore, all three signatures (testator and 2 witnesses) were witnessed by a notary public, who completes the bottom of the affidavit. Without a self-proving affidavit, it is common for the court to summon the witnesses to attest to the authenticity of a will; this can be challenging in cases where years or decades have passed since the execution of said will.
Laws
- Statute – § 30-2329
- Signing Requirements – Two (2) witnesses and a notary public.