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Nebraska Revised Statutes

Neb. Rev. Stat. § 30-2351 (2026)

Contracts concerning succession

✓ current as of July 2026
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A contract to make a will or devise, or not to revoke a will or devise, or to die intestate, if executed after January 1, 1977, can be established only by (1) provisions of a will stating material provisions of the contract; (2) an express reference in a will to a contract and extrinsic evidence proving the terms of the contract; or (3) a writing signed by the decedent evidencing the contract. The execution of a joint will or mutual wills does not create a presumption of a contract not to revoke the will or wills.

Notes of Decisions
Cited in 11 cases (4 in the last 5 years), 1982–2024 · leading case: White v. White, 316 Neb. 616 (Neb. 2024).
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White v. White, 316 Neb. 616 (Neb. 2024). · cites it 7× “Yvonne shall receive [$100,000] from Lenny’s estate (and this provision shall be treated as a contract to make a Will as described in Neb. Rev. Stat. § 30-2351 ).” Attached to the agreement were two exhibits, one from Yvonne and the other from Lenny, which listed the separate…”
Pruss v. Pruss, 514 N.W.2d 335 (Neb. 1994). · cites it 4× “§ 30-2351 (Reissue 1989) provides: A contract to make a will or devise, or not to revoke a will or devise, or to die intestate, if executed after January 1, 1977, can be established only by (1) provisions of a will stating material provisions of the contract; (2) an express…”
Johnson v. Anderson, 771 N.W.2d 565 (Neb. 2009). · cites it 17× “The court found that Roger had not produced evidence sufficient to establish the existence of a contract to make a will pursuant to Neb. Rev. Stat. § 30-2351 (Reissue 2008).”
Filsinger v. Jacobs (In Re Est. of Filsinger), 27 Neb. Ct. App. 142 (Neb. Ct. App. 2019). · cites it 2× “Neb. Rev. Stat. § 30-2351 (Reissue 2016) contemplates contracts concerning succession, sometimes referred to as a "contract for wills.”
In re Est. of Stuchlik, 289 Neb. 673 (Neb. 2014). · cites it 2× “The court correctly found that the language in the will did not raise a presumption of a contract for wills.”
In Re Est. of Nicholson, 320 N.W.2d 739 (Neb. 1982). · cites it 6× “The District Court sustained the motion for summary judgment on the basis of two statutes, Neb. Rev. Stat. §§ 30-2351 and 30-2352 (Reissue 1979).”
Sherman v. Sherman, 751 N.W.2d 168 (Neb. Ct. App. 2008). · cites it 3× “Neb.Rev.Stat. § 30-2351 (Reissue 1995) provides: A contract to make a will or devise, or not to revoke a will or devise, or to die intestate, if executed after January 1, 1977, can be established only by (1) provisions of a will stating material provisions of the contract; (2)…”
White v. White, 31 Neb. Ct. App. 691 (Neb. Ct. App. 2023). · cites it 9× “00) from [Leonard’s] estate (and this provision shall be treated as a contract to make a Will as described in Neb. Rev. Stat. § 30-2351 ) . . . .” In consid- eration, the parties waived any claim in the other spouse’s separate property.”
White v. White, 31 Neb. Ct. App. 691 (Neb. Ct. App. 2023). · cites it 9× “00) from [Leonard’s] estate (and this provision shall be treated as a contract to make a Will as described in Neb. Rev. Stat. § 30-2351 ) . . . .” In consid- eration, the parties waived any claim in the other spouse’s separate property.”
Willy v. Marion Powers & Omaha Nat'l Bank, 343 N.W.2d 758 (Neb. 1984). · cites it 6× “The issues to be determined were whether an oral agreement to make a will existed, and, if so, whether there was *402 part performance such that the contract could be deemed to have been “executed” before January 1, 1977, within the purview of Neb. Rev. Stat. § 30-2351 (Reissue…”
Rowse Hydraulic Rakes Co. v. Rowse (Neb. Ct. App. 2023). · cites it 2× “The DEPA stated that it was intended to create an enforceable contract under “the Nebraska Probate Code Section 30-2351 entitled ‘Contracts Concerning Succession’” and that it was to “extend to and be binding upon OWNERS, HEIRS, their personal representatives, heirs, legatees,…”
— Neb. Rev. Stat. § 30-2351(1) — 1 case
Johnson v. Anderson, 771 N.W.2d 565 (Neb. 2009). “The court found that Roger had not produced evidence sufficient to establish the existence of a contract to make a will pursuant to Neb. Rev. Stat. § 30-2351 (Reissue 2008).”
— Neb. Rev. Stat. § 30-2351(2) — 1 case
Johnson v. Anderson, 771 N.W.2d 565 (Neb. 2009). “The court found that Roger had not produced evidence sufficient to establish the existence of a contract to make a will pursuant to Neb. Rev. Stat. § 30-2351 (Reissue 2008).”
— Neb. Rev. Stat. § 30-2351(3) — 3 cases
Johnson v. Anderson, 771 N.W.2d 565 (Neb. 2009). “The court found that Roger had not produced evidence sufficient to establish the existence of a contract to make a will pursuant to Neb. Rev. Stat. § 30-2351 (Reissue 2008).”
White v. White, 31 Neb. Ct. App. 691 (Neb. Ct. App. 2023). “00) from [Leonard’s] estate (and this provision shall be treated as a contract to make a Will as described in Neb. Rev. Stat. § 30-2351 ) . . . .” In consid- eration, the parties waived any claim in the other spouse’s separate property.”
White v. White, 31 Neb. Ct. App. 691 (Neb. Ct. App. 2023). “00) from [Leonard’s] estate (and this provision shall be treated as a contract to make a Will as described in Neb. Rev. Stat. § 30-2351 ) . . . .” In consid- eration, the parties waived any claim in the other spouse’s separate property.”
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