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Spousal Elective Share Law in Nebraska

In Nebraska, a surviving spouse can elect up to one-half of the augmented estate by filing within 9 months after death or 6 months after probate of the will, whichever is later.

Last checked . General information, not legal advice.

Nebraska at a glance

Elective share
Up to 1/2 of the augmented estate
If the petition names no fraction, the share is one-half.
Deadline to elect
9 months after death or 6 months after will probate, if later
The court can extend the time for cause if asked before it expires.
Community property state
No
Not on the IRS list of community property states.

Sources

Last checked

The rules in Nebraska

How much can a surviving spouse claim in Nebraska if left out of the will?

Elective share in Nebraska: Up to 1/2 of the augmented estate. If the petition names no fraction, the share is one-half.

What is the deadline to claim the elective share in Nebraska?

Deadline to elect in Nebraska: 9 months after death or 6 months after will probate, if later. The court can extend the time for cause if asked before it expires.

Is Nebraska a community property state?

No. Community property state in Nebraska: no. Not on the IRS list of community property states.

Where do the Nebraska spousal elective share laws come from?

The rules above come from Neb. Rev. Stat. 30-2313 and Neb. Rev. Stat. 30-2317. Each source is linked on this page. We last checked them in October 2026.

What this means in practice

The election is not automatic. A surviving spouse who wants the elective share usually must file a written election with the probate court, and serve notice on the personal representative, before a deadline. Missing the deadline can mean losing the right to elect.

Taking the elective share often means giving up gifts under the will and sometimes other benefits. Comparing what the will provides against the statutory share, including any trusts, life insurance or joint accounts that may count toward the share, helps show whether an election makes sense.

Spouses can often waive elective share rights in a written prenuptial or postnuptial agreement signed with full disclosure. If a waiver is part of an estate plan, the will, trust and marital agreement should be drafted to work together, and a local attorney can confirm the formal requirements.

General information, not legal advice. Laws change, and cities can add their own rules, so check the current statute before you rely on it.