How to Make a Valid Will in Nevada

Who Can Make a Will in Nevada?

You must be at least 18 years old to make a will in Nevada. No specific statutory exception for emancipated minors in the will statute itself. The testator must be of sound mind (NRS 133.020)

Signing Requirements

Must be in writing (or in an electronic record for electronic wills). Can be typed, printed, or handwritten. If you are physically unable to sign, An attending person may sign at the testator's express direction.

Witness Requirements in Nevada

Nevada requires 2 witnesses. Must be competent. Any devise to a subscribing witness is void under NRS 133.060. Witnesses must subscribe their names to the will in the presence of the testator (NRS 133.040).

Interested witnesses: Any devise to a subscribing witness is void under NRS 133.060. The will itself remains valid, but the interested witness forfeits their gift

Notarization in Nevada

Notarization is not required for a will to be valid in Nevada. Not required for validity. Available for self-proving declarations

Self-Proving Affidavit

Nevada allows a self-proving affidavit, which simplifies probate by eliminating the need for witnesses to testify in court. Attesting witnesses may sign a declaration under penalty of perjury or an affidavit before a person authorized to administer oaths (NRS 133.050). For electronic wills, self-proving requires electronic signature and seal of a notary public (NRS 133.086)

Handwritten (Holographic) Wills

Nevada does recognize holographic wills. Valid if the signature, date, and material provisions are in the testator's handwriting. No witnesses or notarization required (NRS 133.090)

Electronic Wills

Nevada recognizes electronic wills. Nevada was one of the first states to recognize electronic wills (2001) under NRS 133.085. Requirements: must exist in an electronic record; must contain the testator's date and electronic signature; must include at least one authentication method (biometric characteristic, electronic notary seal, or two attesting witnesses); must maintain an authoritative copy with designated custodian; any alteration must be readily identifiable. Nevada requires contemporaneous visual evidence (video) of execution and copies of testator's identification

How to Revoke a Will in Nevada

In Nevada, a will can be revoked by:

• •Burning, tearing, canceling, or obliterating the will with intent to revoke (by testator or another in testator's presence and at their direction)
• •Another will or codicil in writing executed as prescribed
• •An electronic will executed as prescribed
• •An electronic revocation meeting the requirements of NRS 133.085

NRS 133.120. An electronic will may also be revoked by an electronic revocation

Special Provisions in Nevada

Nevada is a community property state. Each spouse owns an undivided one-half interest in community property. No elective share statute. Nevada is notable for its early adoption of electronic wills (2001) and unique authentication characteristic requirements (biometric identifiers). Nevada also has strong asset protection trust laws

Relevant Nevada Statutes

• NRS 133.020 (Who may make a will)
• NRS 133.040 (Valid wills: writing, subscription, witnesses)
• NRS 133.050 (Self-proving declarations or affidavits)
• NRS 133.060 (Devises to subscribing witnesses void)
• NRS 133.085 (Electronic will)
• NRS 133.086 (Self-proving electronic will)
• NRS 133.088 (Notarial acts by electronic means)
• NRS 133.090 (Holographic will)
• NRS 133.100 (Nuncupative will invalid)
• NRS 133.120 (Revocation of wills)