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Nevada Last Will and Testament

A Nevada will needs 2 witnesses signing in the testator's presence. Make a free will template with a self-proving affidavit option. Attorney review available.

Introduction

A last will and testament is a legal document that states who receives your property when you die and names the person, called the executor or personal representative, who will administer your estate. It can also name a guardian for minor children. In Nevada, a standard will must be signed by the testator (the person making the will) and attested by at least two competent witnesses who subscribe their names in the testator's presence, under NRS Section 133.040. Nevada also lets an attesting witness sign a sworn affidavit or declaration under NRS Section 133.050, called a self-proving affidavit, which can let the will be admitted to probate without live witness testimony; the affidavit version requires a notary. The will itself does not need a notary, only the two witnesses. Nevada is one of the states that recognizes a holographic will, meaning a will where the signature, date, and material provisions are entirely in the testator's own handwriting, with no witnesses or notary needed, under NRS Section 133.090. To make a will in Nevada you must be at least 18 years old and of sound mind (NRS Section 133.020). This page covers Nevada's rules under NRS Chapter 133; attorney review is available as an option before you sign.

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Key Things to Know

  1. 1

    A last will and testament is a legal document that states who receives your property and names the person who will administer your estate after you die. It can also name a guardian for minor children.

  2. 2

    Nevada requires 2 witnesses. Under NRS Section 133.040, a written will must be signed by the testator and attested by at least two competent witnesses who subscribe their names to the will in the testator's presence. A gift to a witness who signs is void unless there are two other competent subscribing witnesses to the will, under NRS Section 133.060, so avoid naming a beneficiary as a witness.

  3. 3

    A self-proving affidavit is available and needs a notary. Under NRS Section 133.050, an attesting witness may sign a sworn affidavit before a notary, or a declaration under penalty of perjury without a notary, stating the facts the witness would testify to in court. The sworn affidavit version is then treated by the probate court as if given in court, which can avoid tracking down live witnesses later.

  4. 4

    Nevada recognizes holographic (handwritten) wills. Under NRS Section 133.090, a will is holographic if the signature, the date, and the material provisions are all written in the testator's own handwriting. It needs no witnesses and no notary, but the testator must still be of sound mind and over 18.

  5. 5

    The will itself does not need a notary. Nevada's execution rule under NRS Section 133.040 calls for two subscribing witnesses, not a notary. A notary matters only if you choose to add the optional self-proving affidavit under NRS Section 133.050.

  6. 6

    Minimum age is 18 with sound mind. NRS Section 133.020 lets any person of sound mind, over the age of 18, dispose of their estate by will. Nevada requires testamentary capacity, meaning the testator understands the nature of making a will at the time of signing.

  7. 7

    Revocation methods are specific. Under NRS Section 133.120, a will can be revoked by burning, tearing, cancelling, or obliterating it with intent to revoke, or by a later will or codicil executed the same way, or by a qualifying electronic revocation. Under NRS Section 133.115, divorce or annulment automatically revokes gifts and appointments given to a former spouse in a will made before the decree, unless a court order or settlement agreement says otherwise.

Key decisions before you file

Before you file a Last Will and Testament in Nevada, a few decisions shape the document: which option to choose and what each one means. The Last Will and Testament guide walks through them.

Open the Last Will and Testament guide

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NEVADA LAST WILL AND TESTAMENT

  1. DECLARATION AND REVOCATION OF PRIOR WILLS I, [TESTATOR NAME], a resident of [COUNTY] County, Nevada, being of sound mind and over the age of 18 (NRS Section 133.020), declare this to be my Last Will and Testament and revoke all prior wills and codicils I have made.

  2. APPOINTMENT OF EXECUTOR (PERSONAL REPRESENTATIVE) I appoint [EXECUTOR NAME] of [CITY, STATE] as the executor, also called the personal representative, of my estate, to gather my assets, pay valid debts and taxes, and distribute the remaining property under this will. If [EXECUTOR NAME] cannot or will not serve, I appoint [SUCCESSOR EXECUTOR NAME] as successor executor. My executor shall serve without bond to the extent Nevada law allows.

  3. DISPOSITION OF PROPERTY [INSERT specific gifts and bequests: describe each item or amount of property clearly enough that it can be identified, and name the beneficiary who receives it. If leaving property to a minor, name a custodian or trustee to hold it until the beneficiary reaches adulthood.]

  4. RESIDUARY CLAUSE I give all the rest and residue of my estate, meaning everything not specifically listed above, of whatever kind and wherever located, to [RESIDUARY BENEFICIARY NAME]. If [RESIDUARY BENEFICIARY NAME] does not survive me, I give the residue to [ALTERNATE BENEFICIARY NAME].

  5. ATTESTATION I sign this will on [DATE] in the presence of the two witnesses named below, who sign at my request and in my presence, satisfying NRS Section 133.040.

[TESTATOR NAME], Testator

The foregoing instrument was signed by [TESTATOR NAME] in our presence, and we, at the testator's request and in the testator's presence, and in the presence of each other, subscribe our names as witnesses. We are each competent witnesses.

Witness 1 signature, Address Witness 2 signature, Address

  1. OPTIONAL SELF-PROVING AFFIDAVIT (NRS Section 133.050) State of Nevada, County of [COUNTY]. We, [TESTATOR NAME], [WITNESS 1 NAME], and [WITNESS 2 NAME], being sworn, declare to the undersigned notary that the testator signed this will as a free and voluntary act, and that each witness signed as witness in the presence of the testator and of each other. Sworn to and subscribed before me on [DATE].

Notary Public, State of Nevada

Note: This is a Nevada skeleton, not the complete template. Nevada requires 2 competent witnesses subscribing in the testator's presence (NRS Section 133.040); a gift to a witness is void unless two other competent subscribing witnesses also signed the will (NRS Section 133.060), so do not use a beneficiary as a witness. The will itself needs witnesses, not a notary; a notary is used only for this optional self-proving affidavit. Nevada also recognizes a holographic will if the signature, date, and material provisions are entirely in the testator's handwriting, with no witnesses or notary required (NRS Section 133.090), and separately authorizes electronic wills under NRS Section 133.085. Revoke a prior Nevada will by burning, tearing, cancelling, or obliterating it with intent to revoke, or by a later will or codicil (NRS Section 133.120); divorce or annulment automatically revokes gifts to a former spouse (NRS Section 133.115). Governing law: NRS Chapter 133. For the complete, customizable template, see the full Last Will and Testament template.

Once your Last Will and Testament is ready, you can check whether it needs to be notarized in Nevada in about a minute, and notarize it online through DocDraft if it does.

Nevada Requirements for Last Will and Testament

Sign With Two Competent Witnesses

A Nevada will must be signed by the testator and attested by at least two competent witnesses who subscribe their names to the will in the testator's presence, under NRS Section 133.040.

Do Not Use a Beneficiary as a Witness

Under NRS Section 133.060, a gift to a subscribing witness is void unless there are two other competent subscribing witnesses to the will. Naming a non-beneficiary as a witness avoids the risk that their own gift is voided.

The Will Itself Does Not Need a Notary

Nevada's validity rule under NRS Section 133.040 requires two subscribing witnesses, not a notary. A notary is needed only if you add the optional self-proving affidavit under NRS Section 133.050.

Add a Self-Proving Affidavit if Wanted

Under NRS Section 133.050, an attesting witness may sign a sworn affidavit before a notary, or a declaration under penalty of perjury, stating the facts the witness would testify to in court. The sworn affidavit is then treated by the probate court as if given in court.

Holographic Wills Are Recognized if Fully Handwritten

Under NRS Section 133.090, a holographic will is valid when the signature, the date, and the material provisions are all in the testator's own handwriting, with no witnesses or notary required.

Meet the Minimum Age and Capacity Standard

A testator must be at least 18 years old and of sound mind to make a will in Nevada, under NRS Section 133.020.

Revoke a Prior Will the Correct Way

Under NRS Section 133.120, revoke a Nevada will by burning, tearing, cancelling, or obliterating it with intent to revoke, by a later will or codicil executed the same way, or by a qualifying electronic revocation. Under NRS Section 133.115, divorce or annulment automatically revokes gifts and appointments to a former spouse in a will made before the decree, unless a court order or agreement says otherwise.

Name an Executor (Personal Representative)

Name an executor, also called a personal representative, to administer your estate and carry out the will's instructions, and consider naming a successor in case the first choice cannot serve.

Does your Last Will and Testament need to be notarized in Nevada?

Whether a Last Will and Testament needs to be notarized depends on your state. Upload yours, pick your state, and get the current rule with the official source behind it, free and with no account. If yours does need a notary, online notarization is part of your DocDraft plan.

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Frequently Asked Questions

A standard Nevada will needs at least two competent witnesses who sign in the testator's presence, under NRS Section 133.040. A gift to a witness is void unless two other competent subscribing witnesses also signed, per NRS Section 133.060, so it is safer not to use a beneficiary as a witness. A holographic (handwritten) will under NRS Section 133.090 needs no witnesses at all.

No. A Nevada will is valid when signed by the testator and attested by two competent witnesses under NRS Section 133.040; a notary is not required for the will itself. A notary is used only if you add the optional self-proving affidavit under NRS Section 133.050, which lets an attesting witness swear to the facts before a notary so the will can be probated without locating the witnesses later.

Yes. Nevada recognizes holographic wills under NRS Section 133.090 when the signature, the date, and the material provisions are all in the testator's own handwriting, whether or not it is witnessed or notarized. The testator must still be of sound mind and over 18 years old. Typed or printed provisions mixed in with handwriting can create problems, so keep the whole document handwritten.

Sign a written will in the presence of at least two competent witnesses who also sign, satisfying NRS Section 133.040. Name an executor or personal representative to administer your estate, describe your bequests and your residuary estate, and consider adding a self-proving affidavit under NRS Section 133.050 so a notary can help streamline probate later.

A valid Nevada will is in writing, signed by a testator who is at least 18 and of sound mind under NRS Section 133.020, and attested by at least two competent witnesses who subscribe their names in the testator's presence under NRS Section 133.040. Nevada also validates a properly made holographic will (NRS Section 133.090) and a qualifying electronic will (NRS Section 133.085).

A self-proving affidavit is a sworn statement signed by an attesting witness before a notary, under NRS Section 133.050, in which the witness states the facts they would testify to in court to prove the will. When attached, the probate court can accept it in place of live witness testimony, which can speed up probate. Witnesses may instead sign a declaration under penalty of perjury without a notary.

You must be at least 18 years old and of sound mind to make a will in Nevada, under NRS Section 133.020. Sound mind means having testamentary capacity, generally understanding that you are making a will, what property you own, and who your natural beneficiaries are, at the time you sign.

Under NRS Section 133.120 you can revoke a Nevada will by burning, tearing, cancelling, or obliterating it with the intent to revoke, by executing a new will or codicil, or by a qualifying electronic revocation. Separately, NRS Section 133.115 automatically revokes gifts and appointments to a former spouse in a will made before a divorce or annulment decree, unless a court order or settlement agreement provides otherwise.