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Nevada Last Will and Testament

Nevada Last Will and Testament

By 

Jennifer Mcgee

·

Updated on  

November 22, 2022
·

7 mins

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Your Nevada last will and testament are crucial for your family's future and financial security. It can help them get their share in your estate easily and not worry about going to the courts. The last will would also help communicate your wishes about what would happen to your estate, your children's guardian, and the executor. You could make all these decisions for their future rather than ending up in the court's hands. So, complete your online last will and testament now.

If you're from Nevada, here's what you should follow.

Requirements for a Nevada Last Will and Testament 

  • Written will: A Nevada last will and testament must be on paper to be legal. However, Nevada also allows electronic wills or digital file forms. Nevada allows Holographic wills.
  • Must be of at least 18 age 
  • Sound mind and memory: The testator for a Nevada last will and testament must understand the will procedure, nature and extent of their estate, and the beneficiaries. For their last will to be valid, they must possess a sound mind and memory.
  • Signed by the testator: To make it valid and legal, you must sign your Nevada last will and testament before your two witnesses.
  • Signed by the witnesses: You must have a minimum of two witnesses for a Nevada last will and testament. They should acknowledge, witness, and sign the will before you. 

Who can be your witnesses for a Nevada Last Will and Testament? 

Your witnesses for a Nevada last will must follow these conditions:

  • Nevada allows anyone competent to become a witness. 
  • They should be able to testify about what they witnessed and your will-making process.
  • It's better not to choose your beneficiaries as witnesses as they could lose the estate portion or any gift you leave them.

Nevada rules for a personal representative or an executor 

Choosing an executor for your Nevada last will and testament would be better than leaving it to uncertainty. However, an executor should follow these rules to be eligible for the role:

  1. Must be at least 18 or above
  2. Capable of doing the job, i.e., of a sound mind.
  3. Nevada does restrict people convicted of a felony from being executors unless they're approved by the court as eligible. 
  4. Nevada allows you to choose someone out of state as your executor.

Last will and Testament Notarization in Nevada 

There's no need to notarize your Nevada last will and testament. However, you could add a self-proving affidavit or a declaration to the last will to speed up the probate process. Here's how you can do that:

  • Find a notary public to make a self-proving affidavit for the will. 
  • You and the two witnesses must go to the notary and sign the affidavit, declaring who you are, that they're aware of the process, and that they know you're signing a will.

Nevada allows another method to make your last will and testament self-proving:

  • Your witnesses can sign your Nevada last will and testament under a penalty of perjury.
  • The witnesses must swear that: the document is your will; they witnessed you sign it before them, they signed it before you and the other witnesses, and you were of a sound mind.

Nevada Last Will Revocation 

You could undertake any of the following methods to revoke your Nevada last will and testament:

  • Destroy your last will by tearing, burning, obliterating, and shredding. 
  • Asking someone else to destroy your Nevada last will and testament 
  • Making a new legal will that revokes any part or the entire previous will.

Your Nevada last will and testament would automatically cancel if you marry after making the will unless:

  • You expressly state that marriage shouldn't affect your will or that you considered your spouse while making the will and name them.
  • You have a separate contract or a non-probate transfer with your spouse that would provide for them.
Nevada last will and testament

Nevada Last Will Amendment Rules 

If you wish to make some minor and simple changes to your Nevada last will and testament, you can do it through a Codicil. It will allow you to make some changes to your existing will and avoid revoking it.

However, you must follow the same rules to make a legal codicil as for an original last will. If you want to make multiple amendments, it's better to make a new will that altogether revokes the previous one.

Nevada rules for divorce after making your last will

  • Nevada law revokes any gift you leave to your spouse.
  • Revokes any appointment of your spouse as the trustee or executor 
  • However, the rules won't apply if you already have a separate contract with your spouse or the divorce court orders so.

What happens if you don't have a will in Nevada?

Case

What happens 

Has children, no spouse, no parents, no siblings 

Children inherit everything 

Has a spouse, no children, no parents, no siblings 

Spouse inherits everything 

Has a spouse and one child

Spouse inherits one-half of your personal estate and all of the community property 


Child inherits the balance 

Has a spouse and more than one child

Spouse inherits one-third of your separate estate and all of the community property 


Children inherit the balance in equal parts 

Has a spouse and parents 

Spouse inherits one-half of the separate property and all of the community property 



Parents inherit the balance

Has a spouse and siblings 

Spouse inherits one-half of the separate property and all of the community property 



Siblings inherit the balance

Has parents, no spouse, no descendants, no siblings 

Parents inherit everything 

Has siblings, no parents, no spouse, no children 

Siblings inherit everything 

Last Will and Testament Nevada Free Template

You can quickly create a simple estate plan by downloading a Last Will and Testament Nevada free template. It will be the best option if you don't have a large estate or complicated finances. You could check out the template and follow the necessary requirements to make your new Nevada last will and testament. Once you go through the details and follow the required steps:

  1. Connect on TrulyWill and create your account.
  2. Discuss any issues or complications about your finances and personal relationships with our attorneys.
  3. Sign or notarize the document, depending on your state requirements. 

This template and sample last will and testament would allow you to examine what your will would look like. You can change the will template depending on your personal preferences for estate distribution. 

Some instances where it would be prudent to consult our experts before finalizing your will would be when you have a high net worth or complicated family and personal relationships. We also provide additional services for those unique requests:

  • Online expert support: You can connect with our experts online and clear your doubts.
  • Attorney support: For some specific and unique requirements, we also offer additional attorney support services for your will and trust.

If you're facing any of these issues, it's essential to consult an expert before proceeding. They could personally help you out with any doubts and create a solid and legally enforceable Nevada last will and testament. 

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Frequently Asked Questions

Can I leave or donate my estate to an organization or charity?

You can leave all your assets to a charity organization. The court would follow your wishes and provide the organization with everything. However, consult an attorney to avoid any problems.

Can I decide who would look after my minor children in my will?

Yes, you should name a person as the guardian of your children in your will. It would help avoid any hassles, and they could look after your kids after you pass away.

Can an executor or guardian refuse to take up the role?

Yes, your guardian or executor can refuse to take on the job. It is always better to ask the person and get their approval before mentioning them on your will.

Should I update my will?

You should regularly check and update your last will after certain life events. It can be a new marriage, a child, or a divorce. Either way, keep updating your will after some time.

Do I need to notarize my will?

Different states have varying requirements for Notarization. It's better to read your state rules before finalizing your last will and testament.
Jennifer Mcgee
Parent to five young children. Expert in Estate Planning, Probate, and Family Law Matters. Volunteer with Victim’s Advocates in the local sheriff's department...
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Got Questions?

Hi, I’m Jennifer McGee.

Co-founder & Head of Legal at TrulyWill

Feel free to book a call with me to help you with your estate plan.

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