NEVADA LEGAL INFORMATION

Link to the Nevada Statutes online which contain the portion of the Probate Code dealing with last wills.

Will probate information from the Nevada Bar Association

American Bar Association Guide to Wills and Estates

American Bar Association, Estate Planning

Brought to you by MedLawPlus.com® -- Online form: Last Will Price: $13.99 (free trial)

---

Selected Nevada Statutes

---

• NRS 133.020 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.
• NRS 133.040 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.
• NRS 133.045 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:
  1. The date of its execution.
  2. A title indicating its purpose.
  3. A reference to the will to which it relates.
  4. A reasonably certain description of the items to be disposed of and the names of the devisees.
  5. The testator’s handwritten signature or electronic signature.
  3. The statement or list may be:
  1. Referred to as a writing to be in existence at the time of the testator’s death.
  2. Prepared before or after the execution of the will.
  3. Altered by the testator after its preparation.
  4. A writing which has no significance apart from its effect upon the dispositions made by the will.
• NRS 133.050 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                    }
                                             } ss.
  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
  
• NRS 133.055 Signature affixed to self-proving affidavit attached to will considered signature affixed to will. A signature affixed to a self-proving affidavit 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.
• NRS 133.060 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.
• NRS 133.070 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.
• NRS 133.080 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.
• NRS 133.085 Electronic will.
  1. An electronic will is a will of a testator that:
  1. Is written, created and stored in an electronic record;
  2. Contains the date and the electronic signature of the testator and which includes, without limitation, at least one authentication characteristic of the testator; and
  3. 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:
  1. 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
  2. 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:
  1. “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.
  2. “Authoritative copy” means the original, unique, identifiable and unalterable electronic record of an electronic will.
  3. “Digitized signature” means a graphical image of a handwritten signature that is created, generated or stored by electronic means.
• NRS 133.090 Holographic will.
  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.
• NRS 133.100 Nuncupative or oral will invalid. A nuncupative or oral will is not valid.
• NRS 133.105 Transfer of security issued in registered form or beneficiary form effective without compliance with formal requirements of chapter.
  1. A security issued in registered form which contains the words “transferable on death to” a named person, or equivalent language or abbreviation, is effective to transfer the interest evidenced by the security to that person, upon the death of its owner, without compliance with the formal requirements of this chapter for the execution of wills.
  2. A security registered in beneficiary form pursuant to NRS 111.480 to 111.650, inclusive, is effective to transfer the interest evidenced by the security to the beneficiary at the death of the owner or the deaths of all multiple owners, without compliance with the formal requirements of this chapter for the execution of wills.
  3. As used in this section, “security” and “registered form” have the meanings ascribed to them in NRS 104.8102.
• NRS 133.110 Revocation by marriage; effect upon rights of surviving spouse. If a person marries after making a will and the spouse survives the maker, the will is revoked as to the spouse, unless provision has been made for the spouse by marriage contract, or unless the spouse is provided for in the will, or in such a way mentioned therein as to show an intention not to make such provision; and no other evidence to rebut the presumption of revocation shall be received.
• NRS 133.115 Revocation of provisions in favor of former spouse on divorce or annulment; exceptions. Divorce or annulment of the marriage of the testator revokes every devise, beneficial interest or designation to serve as personal representative given to the testator’s former spouse in a will executed before the entry of the decree of divorce or annulment unless otherwise:
  1. Provided in a property or separation agreement which is approved by the court in the divorce or annulment proceedings; or
  2. Ordered by the court in the divorce or annulment proceedings, and the will takes effect in the same manner as if the former spouse had died before the testator.
• NRS 133.120 Other means of revocation.
  1. A written will may only be revoked by:
  1. Burning, tearing, canceling or obliterating the will, with the intention of revoking it, by the testator, or by some person in the presence and at the direction of the testator; or
  2. Another will or codicil in writing, executed as prescribed in this chapter.
  2. This section does not prevent the revocation implied by law from subsequent changes in the condition or circumstances of the testator.
• NRS 133.130 Effect of revocation of subsequent will. If, after the making of any will, the testator executes a second will, the destruction, cancellation or revocation of the second will does not revive the first will, unless it appears by the terms of the revocation that it was the intention to revive and give effect to the first will, or unless, after the destruction, cancellation or revocation, the first will is reexecuted.
• NRS 133.200 Death of devisee. When any estate is devised to any child or other relation of the testator, and the devisee dies before the testator, leaving lineal descendants, those descendants, in the absence of a provision in the will to the contrary, take the estate so given by the will in the same manner as the devisee would have done if the devisee had survived the testator.

---

Library of Informational Legal Articles

• How to write a Last Will
• How to write a Durable Power of Attorney
• Power of Attorney Execution and Contractual Capacity
• How to write a Living Will
• Step-by-step instructions for LLC Formation in all states
• Step-by-step instructions for Corporate Formation in all states
• How to Choose a Business Entity
• How to write Confidentiality and Non-compete agreements
• The HIPAA Privacy Rule: Contracts for "Business Associates" of "Covered Entites"
• Divorce Laws of US States
• Shopping for a personal injury lawyer

DISCLAIMER The above is provided for informational purposes only and is NOT to be relied upon as legal advice. This service is not a substitute for the advice of an attorney and we encourage users to have all documents created on our site reviewed by an attorney. No attorney-client relationship is established by use of our online legal forms system and the user is not to rely upon any information found anywhere on our site. THESE FORMS ARE SOLD ON AN "AS IS" BASIS WITH NO WARRANTIES OR GUARANTIES. If you wish personal assistance in deciding whether the document found on our site is right for you or desire representations and warranties upon the legality of the document you are purchasing in the jurisdiction you will be using it, contact an attorney licensed to practice law in your state.