Though making a will is a similar process in every state, there are crucial differences that you need to know. Each U.S. state has its own legal requirements and its own laws pertaining to wills. If your will does not satisfy the state-specific requirements, your will may not be accepted as valid by the probate court. To make an online will in Nevada, be sure your will meets the required legal conditions and that you use an online will that is designed for Nevada.
Can I Make a Will Online in Nevada?
Yes, you can make a will online in Nevada. Any person of sound mind who is at least 18 years of age can make a will in Nevada. To do so, you will want to use an online will making service. Our lawyer reviewed multiple online wills to find the best online will making service. USLegalWills delivered the highest quality online will for Nevada.
The same legal requirements for wills apply when you make an online in Nevada. The requirements for a will to be valid in Nevada are:
- The Testator (the individual writing the will) must be at least 18 years old and be of sound mind.
- The will must be in writing (there are some exceptions to this requirement, which will be discussed in more detail).
- The Testator must sign the will in front of two competent witnesses.
- The two witnesses must sign the will in front of the Testator.
The two witnesses should not be “interested parties” to your estate—that is, they should not be beneficiaries in the will. The court could invalidate their inheritance. To avoid legal complications, you should choose two “disinterested parties” to serve as the witnesses to your will.
Nevada is one of the few states that recognizes electronic wills. Electronic wills are wills that are made online, signed, and witnessed electronically without making a paper copy. If you make an online will in Nevada, you can choose to either print it out and sign it with two attesting witnesses or you can choose to execute it as an electronic will. In order for an electronic will to be valid in Nevada, it must:
- Be created and maintained in an electronic record, which requires that:
- Contain the date and the electronic signature of the Testator, which must be accompanied by one of the following:
- a handwritten signature uploaded digitally, or
- an authentication characteristic (like a fingerprint, retinal scan, video recording, voice recording, or some other unique characteristic to prove your electronic signature is yours).
- Contain the electronic signature and electronic seal seal from a qualified electronic notary public, which is placed in the presence of the Testator and in whose presence the Testator placed their electronic signature; OR
- Contain the electronic signatures of two attesting witnesses, placed in the presence of the Testator and in whose presence the Testator placed their electronic signature.
While it may sound a bit complicated, it is essentially the same requirements of a will printed to hard copy. With an electronic will, you can opt to use a notary public instead of two witnesses. Either way, you must sign (in this case, electronically) your will in front of either the notary public or your two witnesses. The notary or your two witnesses must sign in front of you.
Nevada also allows remote electronic notarization. This means you can use audio-video services with an electronic notary public to sign an electronic will. If you are choosing to execute your will as an electronic will, this is the best option to use. But as long as you satisfy all the requirements, your electronic will is considered valid whether you use a notary public or use two witnesses.
Does Nevada Require a Notarized Will?
No, Nevada does not require a notarized will. However—any time a will is presented in the probate court, it must undergo a process to determine its validity. Having a notarized will can help the probate court to quickly validate the will, allowing the executor of the estate to carry out the will.
It is typically not the will itself that gets notarized. Most states, including Nevada, allow for a will to be “self-proved.” You do this by notarizing a separate document, called a “self-proving affidavit,” which you then attach to your will to make it “self-proved.”
To “self-prove” a will In Nevada, you and your two witnesses make sworn statements (affidavits) in front of a notary public. By making these affidavits, it is as though you are making a sworn statement before the court. This eliminates the need for the court to call upon the witnesses to testify to the authenticity of your will, which then helps speed up the probate process.
Can I Name an Executor in Nevada?
Yes, you can name an executor in your will. You can also name an executor if you make an online will in Nevada. An executor is the person appointed to settle the estate, making sure the will is followed. It is a good idea to choose someone as the executor of your estate; this speeds up the probate process, as otherwise the court would have to appoint someone (which can cause delays). You want to choose someone you know and trust to serve as the executor of your estate—be sure to discuss this with them before you name them as the executor in your will. You can name multiple people as executors, to either be substitutes (if someone declines or is unable to be the executor) or to act as co-executors.
Here are the requirements for an executor in Nevada:
- The person must be at least 18 years old and of sound mind.
- The person must not have a felony conviction (unless a court decides that the conviction should not disqualify the person from acting as the executor).
In addition to the above, a Nevada probate court can also reject a potential executor if there is proof that the person is unqualified to serve for reasons of “conflict of interest, drunkenness, improvidence, or lack of integrity or understanding.”
Nevada does not impose any special requirements to name an executor who lives out-of-state.
Do I Need an Attorney to Make a Will in Nevada?
No, an attorney is not required to make a will. It is always best to consult an estate planning attorney if you have a large or complex estate. In most cases, with a simple estate and straightforward will, online will making is a good option. When you make an online will in Nevada, you want to make sure you satisfy all the legal requirements for a valid will. Use an online will making service that has state-specific templates.
What Types of Wills Are Valid in Nevada?
Any type of will which meets the federal and state-specific requirements is valid in Nevada, whether the will is made online or not.
Can I Make a Holographic Will in Nevada?
A holographic will is a handwritten last will and testament. It is written and signed by the Testator (the person making the will). Nevada does recognize holographic wills as valid under certain requirements. For a holographic to be valid in Nevada, the material provisions, date, and signature must be in the Testator’s handwriting.
Although holographic wills are valid in Nevada, they are often not recommended. Holographic wills must be proven authentic to the “satisfaction of the court.” This can become a long process, during which the court usually requires witnesses familiar with the Testator’s handwriting, or even handwriting experts, to provide sufficient evidence that it is, in fact, the Testator’s handwriting. Many people often forget important provisions in holographic wills, or they use the wrong type of language.
To avoid long delays, it is better to use an online will making service (to make sure the language is correct and all the important provisions are included) as well as have the will attested by witnesses.
Can I Make a Nuncupative or Video Will in Nevada?
A nuncupative will is an oral will; sometimes they are left in a video. A nuncupative will is generally considered to be a last resort type of will (they are sometimes known as deathbed wills). If someone is facing imminent death and has not drafted a written will, a nuncupative will is better than leaving no instructions at all.
However, the state of Nevada does not recognize nuncupative wills as valid. This means any instructions left in a nuncupative will are not enforced by the court.
How Is a Living Will Different from an Online Will in Nevada?
A living will (which is also known as an advance directive) is a legal document separate from a last will and testament. They are two separate documents with two separate purposes. A living will contains medical directives and end-of-life care instructions should you become incapacitated and unable to communicate. A last will and testament contains matters pertaining to your estate (as well as matters like appointing guardians for minor children). For medical directives and end-of-life care instructions to be effective (and legally binding), you must create a valid living will. You can make both a living will and a last will and testament online—to create a living will online in Nevada, you can go here.
In Nevada, an effective and legally binding living will must:
- Be a formal written document.
- Be signed by at least two witnesses (who are not related to you by blood, marriage, adoption and not entitled to any portion of your estate), or
- Be signed in front of a notary public.
Nevada maintains an Advance Directive Registry, known as Nevada Lockbox, where the state electronically stores advance directive forms. This makes sharing your living will/advance directive form much easier. It is your responsibility to inform your family and doctors of your living will.
Why Do I Need to Make a Will Online in Nevada?
When someone dies intestate, or without a will, then the intestacy laws of Nevada determines what happens to that person’s estate. The court will appoint guardians to minor children as well as name an executor. The estate is divided between surviving family members according to the intestacy distribution laws of the state. This can become a lengthy, complicated legal process. Property is often held up in the probate process for months at a time. And if the state finds you have no surviving family, it will take ownership of your estate.
To avoid a long, burdensome probate process for your loved ones, it is important to have a valid will in place. This is especially true if you own any property or have any minor children. If you want to distribute your estate in a specific way, or bequeath any property or gifts to friends, you can only do this by making a will.
What Can I Include in an Online Will in Nevada?
You can include everything you can in a will in an online will in Nevada. Besides naming an executor and appointing guardians for minor children, you can also include the following:
- Property or gifts to family or friends.
- Property or gifts to charities or organizations.
- A trusted person to oversee any property left to minor children.
- A trusted person to care for any pets.
- Distribution of family heirlooms and sentimental items.
- Distribution of personal or sentimental items.
What Should Not Be Included in a Will in Nevada?
A last will and testament is not the right place for designating end-of-life care or funeral instructions. Usually, when a person dies, the funeral arrangements are made immediately. It is not until after the funeral that the will is typically consulted. If any of these directions or desires are left in a last will and testament, your family may not know about them until after the funeral. Also, any medical directives or end-of-life care stipulations left in a last will and testament will not be legally binding as this must be done in a separate document.
For medical directives and end-of-life care, you will want to make a living will.
For funeral directions, you can just make your wishes known to family members. You can also make an informal document describing your wishes that your family can refer to when planning your funeral. You should give this to the executor of your estate or other trusted people.
Can I Change or Revoke an Online Will Made in Nevada?
Whether you make a will online or not, a valid will is a legally binding document. However, you can change or revoke a will at any time.
In Nevada, here are the ways to revoke a will:
- By burning, tearing, canceling, obliterating, or otherwise destroying the will with the intent of revoking it.
- By ordering someone else to physically destroy it in front of you, or
- By writing a new will that revokes the old one.
To revoke an electronic will in Nevada, you can:
- Cancel, obliterate, or make the will unreadable with the intent of revoking it,
- Order the custodian of the will to destroy it,
- Make another electronic will or written will that revokes the old will.
It is a good idea to update your will after major life changes, such as marriage, divorce, birth of a child, adoption, or acquisition of significant assets which change the distribution of property, or relocation to another state or country. If you are making a lot of changes to your will, it is best to write a new will and revoking the old one. However, if you only need to make minor changes, you can instead add an amendment (called a codicil) to your will. A codicil must be finalized in the same way a will is finalized.
How Do I Finalize an Online Will in Nevada?
To finalize a written will made online in Nevada, you must take these steps:
- Print out the document.
- Sign the will in front of two witnesses,
- Have the two witnesses sign it in front of you.
To finalize an electronic will in Nevada, you:
- Electronically sign it, including either an uploaded handwritten signature or an authentication characteristic, in front of either an electronic notary public or two witnesses.
- Have either the notary public electronically sign and affix their seal to the will in your presence (or via remote notarization), or
- Have the two witnesses electronically sign it in your presence.
To make a will “self-proving” in Nevada, you and your witnesses make sworn statements in front of a notary public, which you then attach to your will.
Special Considerations in Nevada:
- Nevada accepts electronic (digital-only) wills.
- If you have a will in place and then get married, the will is revoked—your spouse will now inherit the same as if you died without a will, unless there is a prenuptial agreement to the contrary, if the spouse is provided for in the will, or the spouse is transferred property outside the will. Any named executors and other aspects of your will are still valid. This is why it is best to update or make a new will entirely when you get married.
- Likewise, divorce will automatically revoke any provisions made towards the former spouse. If your former spouse was a named executor, that is revoked as well.
USLegalWills is a leading provider of online wills. Their service has helped millions of people create a last will and testament over the last twenty years. We like that their services are easy to understand, reasonably priced, and produce an accurate document. You can also create a Living Will and other key end-of-life documents. It’s an affordable, accessible way to create an online last will and testament now. No more procrastinating. Get started with USLegalWills and leave your estate in order for your loved ones.