Nevada's Requirements for a Will
Nevada's Requirements for a Will
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Nevada's Requirements for a Will

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Summary of Nevada's Will Requirements:

Minimum Age to Make a Will 18
Written Document Required Yes
Nuncupative Wills (Oral) No
Holographic Wills (Hand-Written, Unwitnessed) Yes1
Number of Witnesses Required 2
Self-Proving Affidavit Allowed
Statutory Form for Self-Proving Affidavit Yes

 

 

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Statutes Governing Nevada's Will Requirements:

 

Sound mind; age

Every person of sound mind, over the age of 18 years, may, by last will, dispose of all his or her estate, real and personal, the same being chargeable with the payment of the testator’s debts.

Nevada Revised Statutes 133.020

 

Valid wills: Requirements of writing, subscription, witnesses and attestation

No will executed in this State, except such electronic wills or holographic wills as are mentioned in this chapter, is valid unless it is in writing and signed by the testator, or by an attending person at the testator’s express direction, and attested by at least two competent witnesses who subscribe their names to the will in the presence of the testator.

Nevada Revised Statutes 133.040

 

Disposition of certain tangible personal property by reference to list or statement; requirements

1. Whether or not the provisions relating to electronic wills and holographic wills apply, a will may refer to a written statement or list, including, without limitation, a written statement or list contained in an electronic record, to dispose of items of tangible personal property not otherwise specifically disposed of by the will, other than money, evidences of indebtedness, documents of title, securities and property used in a trade or business.

2. To be admissible as evidence of the intended disposition, the statement or list must contain:

(a) The date of its execution.

(b) A title indicating its purpose.

(c) A reference to the will to which it relates.

(d) A reasonably certain description of the items to be disposed of and the names of the devisees.<p(e) The testator’s handwritten signature or electronic signature.

3. The statement or list may be:

(a) Referred to as a writing to be in existence at the time of the testator’s death.

(b) Prepared before or after the execution of the will.

(c) Altered by the testator after its preparation.

(d) A writing which has no significance apart from its effect upon the dispositions made by the will.

Nevada Revised Statutes 133.045

 

Attesting witnesses may sign self-proving declarations or affidavits to be attached to will

1. Any attesting witness to a will may sign a declaration under penalty of perjury or an affidavit before any person authorized to administer oaths in or out of the State, stating such facts as the witness would be required to testify to in court to prove the will. The declaration or affidavit must be written on the will or, if that is impracticable, on some paper attached thereto. The sworn statement of any witness so taken must be accepted by the court as if it had been taken before the court.

2. The affidavit described in subsection 1 may be in substantially the following form:

State of Nevada  ..................... }

County of  ............................... }

 

(Date).......................................

 

Then and there personally appeared ..................... and ......................, who, being duly sworn, depose and say: That they witnessed the execution of the foregoing will of the testator, .....................; that the testator subscribed the will and declared it to be his last will and testament in their presence; that they thereafter subscribed the will as witnesses in the presence of the testator and in the presence of each other and at the request of the testator; and that the testator at the time of the execution of the will appeared to them to be of full age and of sound mind and memory.

 

.................................................................................

Affiant

 

.................................................................................

Affiant

 

Subscribed and sworn to before me this ........... day of the month of ................ of the year ...........

 

.................................................................................

Notary Public

3. The declaration described in subsection 1 may be in substantially the following form:

Under penalty of perjury pursuant to the law of the State of Nevada, the undersigned, ......................... and ........................., declare that the following is true of their own knowledge: That they witnessed the execution of the foregoing will of the testator, .............................; that the testator subscribed the will and declared it to be his last will and testament in their presence; that they thereafter subscribed the will as witnesses in the presence of the testator and in the presence of each other and at the request of the testator; and that the testator at the time of the execution of the will appeared to them to be of full age and of sound mind and memory.

 

Dated this .............. day of ................, ............

 

 

......................................................................................

Declarant

 

......................................................................................

Declarant

Nevada Revised Statutes 133.050

 

Signature affixed to self-proving affidavit or declaration that is attached to will considered signature affixed to will

A signature affixed to a self-proving affidavit or a self-proving declaration that is attached to a will and executed at the same time as the will is considered a signature affixed to the will if necessary to prove the execution of the will.

Nevada Revised Statutes 133.055

 

Devise to subscribing witness

All devises in a will to a subscribing witness are void unless there are two other competent subscribing witnesses to the will.

Nevada Revised Statutes 133.060

 

Creditors as witnesses

A mere charge on the estate of the testator for the payment of debts shall not prevent his creditors from being competent witnesses to his will.

Nevada Revised Statutes 133.070

 

Foreign execution

1. If in writing and subscribed by the testator, a last will and testament executed outside this State in the manner prescribed by the law, either of the state where executed or of the testator’s domicile, shall be deemed to be legally executed, and is of the same force and effect as if executed in the manner prescribed by the law of this State.

2. This section must be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states which enact it.

3. As used in this section, “subscribed” includes, without limitation, placing an electronic signature on an electronic will.

Nevada Revised Statutes 133.080

 

Electronic will

1. An electronic will is a will of a testator that:

(a) Is written, created and stored in an electronic record;

(b) Contains the date and the electronic signature of the testator and which includes, without limitation, at least one authentication characteristic of the testator; and

(c) Is created and stored in such a manner that:

(1) Only one authoritative copy exists;

(2) The authoritative copy is maintained and controlled by the testator or a custodian designated by the testator in the electronic will;

(3) Any attempted alteration of the authoritative copy is readily identifiable; and

(4) Each copy of the authoritative copy is readily identifiable as a copy that is not the authoritative copy.

2. Every person of sound mind over the age of 18 years may, by last electronic will, dispose of all of his estate, real and personal, but the estate is chargeable with the payment of the testator’s debts.

3. An electronic will that meets the requirements of this section is subject to no other form, and may be made in or out of this State. An electronic will is valid and has the same force and effect as if formally executed.

4. An electronic will shall be deemed to be executed in this State if the authoritative copy of the electronic will is:

(a) Transmitted to and maintained by a custodian designated in the electronic will at his place of business in this State or at his residence in this State; or

(b) Maintained by the testator at his place of business in this State or at his residence in this State.

5. The provisions of this section do not apply to a trust other than a trust contained in an electronic will.

6. As used in this section:

(a) “Authentication characteristic” means a characteristic of a certain person that is unique to that person and that is capable of measurement and recognition in an electronic record as a biological aspect of or physical act performed by that person. Such a characteristic may consist of a fingerprint, a retinal scan, voice recognition, facial recognition, a digitized signature or other authentication using a unique characteristic of the person.

(b) “Authoritative copy” means the original, unique, identifiable and unalterable electronic record of an electronic will.

(c) “Digitized signature” means a graphical image of a handwritten signature that is created, generated or stored by electronic means.

Nevada Revised Statutes 133.085

 

Holographic will1

1. A holographic will is a will in which the signature, date and material provisions are written by the hand of the testator, whether or not it is witnessed or notarized. It is subject to no other form, and may be made in or out of this State.

2. Every person of sound mind over the age of 18 years may, by last holographic will, dispose of all of the estate, real or personal, but the estate is chargeable with the payment of the testator’s debts.

3. Such wills are valid and have the same force and effect as if formally executed.

Nevada Revised Statutes 133.090

 

Nuncupative or oral will invalid

A nuncupative or oral will is not valid.

Nevada Revised Statutes 133.100

 

[Reference - Nevada Requirements for a Will]

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