2005 Nevada Revised Statutes - Chapter 133 — Wills
WHO MAY MAKE A WILL
NRS 133.020 Soundmind; age.
EXECUTION
NRS 133.040 Validwills: Requirements of writing, subscription, witnesses and attestation.
NRS 133.045 Dispositionof certain tangible personal property by reference to list or statement;requirements.
NRS 133.050 Attestingwitnesses may sign self-proving declarations or affidavits to be attached towill.
NRS 133.055 Signatureaffixed to self-proving affidavit or declaration that is attached to willconsidered signature affixed to will.
NRS 133.060 Deviseto subscribing witness.
NRS 133.070 Creditorsas witnesses.
NRS 133.080 Foreignexecution.
NRS 133.085 Electronicwill.
NRS 133.090 Holographicwill.
NRS 133.100 Nuncupativeor oral will invalid.
NRS 133.105 Transferof security issued in registered form or beneficiary form effective withoutcompliance with formal requirements of chapter.
REVOCATION
NRS 133.110 Revocationby marriage; effect upon rights of surviving spouse.
NRS 133.115 Revocationof provisions in favor of former spouse on divorce or annulment; exceptions.
NRS 133.120 Othermeans of revocation.
NRS 133.130 Effectof revocation of subsequent will.
PROPERTY PASSING BY WILL
NRS 133.140 Agreementsof testator.
NRS 133.150 Chargesor encumbrances upon estate.
NRS 133.155 Specificdevise passes subject to mortgage or lien existing on date of death.
KINDRED NOT MENTIONED IN WILL WHO SHARE IN ESTATE
NRS 133.160 Rightsof child born after making of will by parent of child.
NRS 133.170 Omissionof child or grandchild presumed intentional; rights of child or grandchild ifomission found unintentional.
NRS 133.180 Sourcesof unmentioned childs share.
NRS 133.190 Effectof advancements.
NRS 133.200 Deathof devisee.
EFFECT OF CERTAIN PROVISIONS
NRS 133.210 Deviseof real property.
NRS 133.220 Interestsacquired after execution of will.
_________
WHO MAY MAKE A WILL
NRS
[1:61:1862; B 812; BH 3000; C 3071; RL 6202;NCL 9905](NRS A 1957, 360)
EXECUTION
NRS
[3:61:1862; A 1915, 36; 1919 RL 6204; NCL 9907](NRS A 1999,2254; 2001, 2341)
NRS
1. Whether or not the provisions relating toelectronic wills and holographic wills apply, a will may refer to a writtenstatement or list, including, without limitation, a written statement or listcontained in an electronic record, to dispose of items of tangible personalproperty not otherwise specifically disposed of by the will, other than money,evidences of indebtedness, documents of title, securities and property used ina trade or business.
2. To be admissible as evidence of the intendeddisposition, the statement or list must contain:
(a) The date of its execution.
(b) A title indicating its purpose.
(c) A reference to the will to which it relates.
(d) A reasonably certain description of the items to bedisposed of and the names of the devisees.
(e) The testators handwritten signature or electronicsignature.
3. The statement or list may be:
(a) Referred to as a writing to be in existence at thetime of the testators death.
(b) Prepared before or after the execution of the will.
(c) Altered by the testator after its preparation.
(d) A writing which has no significance apart from itseffect upon the dispositions made by the will.
(Added to NRS by 1983, 198; A
NRS
1. Any attesting witness to a will may sign adeclaration under penalty of perjury or an affidavit before any personauthorized to administer oaths in or out of the State, stating such facts asthe witness would be required to testify to in court to prove the will. Thedeclaration or affidavit must be written on the will or, if that isimpracticable, on some paper attached thereto. The sworn statement of anywitness so taken must be accepted by the court as if it had been taken before thecourt.
2. The affidavit described in subsection 1 may be insubstantially the following form:
State of Nevada }
}ss.
County of............................................. }
(Date)............................................................
Then and there personally appeared ................ and................., who, being duly sworn, depose and say: That they witnessedthe execution of the foregoing will of the testator, ................; that thetestator subscribed the will and declared it to be his last will and testamentin their presence; that they thereafter subscribed the will as witnesses in thepresence of the testator and in the presence of each other and at the requestof the testator; and that the testator at the time of the execution of the willappeared to them to be of full age and of sound mind and memory.
.......................................................................
Affiant
.......................................................................
Affiant
Subscribed and sworn to before me
this ...... day of the month of ...... of the year ......
...............................................................................
Notary Public
3. The declaration described in subsection 1 may be insubstantially the following form:
Under penalty of perjury pursuant to the law of the State ofNevada, the undersigned, .................... and ...................., declarethat the following is true of their own knowledge: That they witnessed theexecution of the foregoing will of the testator, ........................; thatthe testator subscribed the will and declared it to be his last will andtestament in their presence; that they thereafter subscribed the will aswitnesses in the presence of the testator and in the presence of each other andat the request of the testator; and that the testator at the time of theexecution of the will appeared to them to be of full age and of sound mind andmemory.
Dated this ......... day of ................,............
Declarant
Declarant
[Part 1:21:1953] + [2:21:1953](NRS A 1985, 1212;
NRS
(Added to NRS by 1997, 1485; A
NRS
[Part 4:61:1862; B 815; BH 3003; C 3074; RL 6205; NCL 9908](NRS A
NRS
[Part 4:61:1862; B 815; BH 3003; C 3074; RL 6205; NCL 9908]
1. If in writing and subscribed by the testator, alast will and testament executed outside this State in the manner prescribed bythe law, either of the state where executed or of the testators domicile,shall be deemed to be legally executed, and is of the same force and effect asif executed in the manner prescribed by the law of this State.
2. This section must be so interpreted and construedas to effectuate its general purpose to make uniform the law of those stateswhich enact it.
3. As used in this section, subscribed includes,without limitation, placing an electronic signature on an electronic will.
[1:36:1915; 1919 RL p. 3373; NCL 9929] +[2:36:1915; 1919 RL p. 3374; NCL 9930](NRS A
1. An electronic will is a will of a testator that:
(a) Is written, created and stored in an electronicrecord;
(b) Contains the date and the electronic signature ofthe testator and which includes, without limitation, at least oneauthentication characteristic of the testator; and
(c) Is created and stored in such a manner that:
(1) Only one authoritative copy exists;
(2) The authoritative copy is maintained andcontrolled by the testator or a custodian designated by the testator in theelectronic will;
(3) Any attempted alteration of theauthoritative copy is readily identifiable; and
(4) Each copy of the authoritative copy isreadily identifiable as a copy that is not the authoritative copy.
2. Every person of sound mind over the age of 18 yearsmay, by last electronic will, dispose of all of his estate, real and personal,but the estate is chargeable with the payment of the testators debts.
3. An electronic will that meets the requirements ofthis section is subject to no other form, and may be made in or out of thisState. An electronic will is valid and has the same force and effect as ifformally executed.
4. An electronic will shall be deemed to be executedin this State if the authoritative copy of the electronic will is:
(a) Transmitted to and maintained by a custodiandesignated in the electronic will at his place of business in this State or athis residence in this State; or
(b) Maintained by the testator at his place of businessin this State or at his residence in this State.
5. The provisions of this section do not apply to atrust other than a trust contained in an electronic will.
6. As used in this section:
(a) Authentication characteristic means acharacteristic of a certain person that is unique to that person and that iscapable of measurement and recognition in an electronic record as a biologicalaspect of or physical act performed by that person. Such a characteristic mayconsist of a fingerprint, a retinal scan, voice recognition, facialrecognition, a digitized signature or other authentication using a unique characteristicof the person.
(b) Authoritative copy means the original, unique,identifiable and unalterable electronic record of an electronic will.
(c) Digitized signature means a graphical image of ahandwritten signature that is created, generated or stored by electronic means.
(Added to NRS by
1. A holographic will is a will in which thesignature, date and material provisions are written by the hand of thetestator, whether or not it is witnessed or notarized. It is subject to noother form, and may be made in or out of this State.
2. Every person of sound mind over the age of 18 yearsmay, by last holographic will, dispose of all of the estate, real or personal,but the estate is chargeable with the payment of the testators debts.
3. Such wills are valid and have the same force andeffect as if formally executed.
[Part 1:111:1895; A 1941, 389; 1931 NCL 9926] +[2:111:1895; C 3093; RL 6224; NCL 9927](NRS A 1959, 21;
NRS
[5:61:1862; B 816; BH 3004; C 3075; RL 6206;NCL 9909](NRS A 1999,2256)
NRS
1. A security issued in registered form which containsthe words transferable on death to a named person, or equivalent language orabbreviation, is effective to transfer the interest evidenced by the securityto that person, upon the death of its owner, without compliance with the formalrequirements of this chapter for the execution of wills.
2. A security registered in beneficiary form pursuantto NRS 111.480 to
3. As used in this section, security and registeredform have the meanings ascribed to them in NRS104.8102.
(Added to NRS by 1985, 790; A 1997, 226;
REVOCATION
NRS
[10:61:1862; A 1947, 84; 1943 NCL 9914]
NRS
1. Provided in a property or separation agreement whichis approved by the court in the divorce or annulment proceedings; or
2. Ordered by the court in the divorce or annulmentproceedings,
and the willtakes effect in the same manner as if the former spouse had died before thetestator.
(Added to NRS by 1967, 804; A
NRS
1. A written will may only be revoked by:
(a) Burning, tearing, cancelling or obliterating thewill, with the intention of revoking it, by the testator, or by some person inthe presence and at the direction of the testator; or
(b) Another will or codicil in writing, executed asprescribed in this chapter.
2. This section does not prevent the revocation impliedby law from subsequent changes in the condition or circumstances of thetestator.
[8:61:1862; B 819; BH 3007; C 3078; RL 6209;NCL 9912](NRS A 1999,2257)
NRS
[9:61:1862; B 820; BH 3008; C 3079; RL 6210;NCL 9913](NRS A 1999,2257)
PROPERTY PASSING BY WILL
NRS
[12:61:1862; B 823; BH 3011; C 3082; RL 6213;NCL 9916](NRS A 1999,2257)
NRS
[13:61:1862; B 824; BH 3012; C 3083; RL 6214;NCL 9917](NRS A 1999,2257)
NRS
(Added to NRS by 1997, 1485; A
KINDRED NOT MENTIONED IN WILL WHO SHARE IN ESTATE
NRS
[14:61:1862; B 825; BH 3013; C 3084; RL 6215;NCL 9918](NRS A 1999,2258)
NRS
[15:61:1862; B 826; BH 3014; C 3085; RL 6216;NCL 9919](NRS A 1957, 155;
NRS
[16:61:1862; B 827; BH 3015; C 3086; RL 6217;NCL 9920](NRS A 1999,2258)
NRS
[17:61:1862; B 828; BH 3016; C 3087; RL 6218;NCL 9921](NRS A 1999,2258)
NRS
[18:61:1862; A 1937, 48; 1931 NCL 9922](NRS A
EFFECT OF CERTAIN PROVISIONS
NRS
[19:61:1862; B 830; BH 3018; C 3089; RL 6220;NCL 9923](NRS A 1999,2259)
NRS
[20:61:1862; B 831; BH 3019; C 3090; RL 6221;NCL 9924](NRS A 1960, 423;
Disclaimer: These codes may not be the most recent version. Nevada may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.