Is my Will valid?

When it comes to estate planning, a Last Will and Testament is a crucial document that ensures your wishes are carried out after your passing. In Nevada, the validity of a will is governed by specific laws outlined in Nevada Revised Statute (NRS) 133.040.

First and foremost, a valid will in Nevada must be in writing. This means it can be handwritten or typed, but it must be a physical (or electronic) document. Oral or spoken wills are not recognized in Nevada.

NRS 133.040 also specifies that a valid will must be signed by the person making the will (the testator) or by someone else in the testator’s presence and at their direction. Additionally, the will must be signed by at least two witnesses who were present when the testator signed or acknowledged the will. These witnesses must also sign the will in the testator's presence. A person receiving an inheritance under the will cannot be a witness.

If you have a Will that was drafted and signed in a state other than Nevada, you do not necessarily need to sign a new one. Under Nevada law, any Will that was properly executed in another state will be treated as though it was made in Nevada.

In short, ensuring that your will is valid under Nevada law is crucial for the proper distribution of your assets and the realization of your final wishes. To navigate this process smoothly and confidently, consulting with an experienced estate planning attorney is a smart choice.

Previous
Previous

The Elephant in the Room: Inheritance of Unwanted Ivory

Next
Next

How the Right Estate Plan Avoids Probate