Elective Share in Nebraska
State-specific overview · Estate & Probate
A surviving spouse may claim one-third of the estate regardless of the will's provisions.
How Nebraska treats Elective Share
Nebraska grants the surviving spouse an elective share equal to one-third of the decedent's net estate, a fixed amount that does not vary based on whether children survive. The spouse must elect this share within six months after the appointment of a personal representative, or the right is waived. This right applies to both real and personal property and supersedes any contrary will provision.
The general definition of Elective Share
A surviving spouse's right to claim a portion of the deceased spouse's estate despite the will.
In most states, a surviving spouse cannot be completely cut out of a will. Even if the deceased spouse's will leaves everything to someone else, the surviving spouse has the right to claim a percentage of the estate (often one-third to one-half). This protects spouses from being disinherited and ensures they have financial security after their partner's death.
Read the full Elective Share entry →This page is a plain-English reference and is not legal advice. State laws change frequently. For specific situations consult a licensed attorney in Nebraska.