Nevada Last Will and Testament

Introduction

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.

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.