How to Make a Will in Nevada

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Writing a will in Nevada allows you to state your final wishes, including your beneficiaries and property. Thus, writing a will is very crucial in your estate planning process. To help write a valid will in Nevada, you should follow the requirements and information detailed in this article. 

What Are the Steps to Create a Will in Nevada

The following are the steps to create a will in Nevada:

1. Make a list of all your assets, including but not limited to bank accounts, investments, real estate, personal property
2. Make a list of your beneficiaries, including your spouse, children, parents, friends, charitable organisations
3. Choose an executor or personal representative
4. Choose a guardian for your minor children
5. Consult with an attorney on the type of will you would like to create
6. Choose the will you would like to draft and draft the will
7. Sign the will in the presence of two credible witnesses
8. Store the will safely

What Happens if I Don’t Have a Will?

In Nevada, when one dies without a will, they are considered to have died intestate. Nevada has intestacy laws that govern the distribution of property when a person dies without a will. The intestacy laws are detailed in Chapter 134 of the Nevada Revised Statute. In intestacy, the property passes to the close relatives of the deceased. 

What Are the Requirements for Writing a Last Will and Testament in Nevada?

The requirements of writing a last will and testament in Nevada include:

1. The maker must be an adult (18 years and above);
2. The testator must be of sound mind; 
3. The will must be in writing, and 
4. The will must be signed by the testator and by two witnesses. 

How Often Should You Review and Update Your Nevada Will?

You should regularly review and update your Nevada will, preferably once a year. The testator may do the review or update themselves, hire an attorney, or engage LegalPen, an online will writing company. 

How to Revise and Update Your Will in Nevada 

You can revise and update your will in Nevada by writing a new will or creating a codicil. Circumstances that might necessitate the revision or updating of a will include marriage or remarriage, divorce, birth of a child, relocation, sale of a home, and changes in relationship with the named beneficiaries, among others.

The new will or the codicil must be signed following the same formalities of making the other will. 

What Makes a Will Valid in Nevada?

Nevada Revised Statute section 133.040 states, except for electronic and holographic wills, a will is valid in Nevada if:

1. The will is in writing;
2. It is signed by the testator or by an attending person at the testator’s express direction, and
3. At least two competent witnesses who subscribe their names to the will in the testator’s presence must attest it.

Can a Handwritten Will be Valid in Nevada?

Yes, a handwritten will in Nevada is valid. Under Nevada Revised Statute (NRS) 133.090, handwritten wills/holographic wills are valid and enforceable when: 

1. The testator signs them;
2. They are dated and 
3. They are written in the testator’s handwriting. 

How Do I Sign My Nevada Will?

You sign your will in Nevada at the end of the will document. The testator must sign the will or someone authorised to sign the will on behalf of the testator. The testator must sign the will before two credible witnesses who must attest that they witnessed the testator sign the will. 

What Can I Include in an Online Will in Nevada?

When making your online will either through online will writing companies or by use of free tools and resources available online, you can include the following in your online will:

1. A list of your beneficiaries
2. A list of your assets;
3. A list of your debts and liabilities;
4. Name an executor;
5. Name a guardian for your minor children;
6. Name a guardian for your pets;
7. Details your death and funeral wishes and
8. Include any specific bequests and wishes.

Types of Assets Covered in a Nevada Will

The following are types of assets you can include in your Nevada will:

1. Real estate: this includes any property you own, including your rental properties” land.’
2. Bank accounts: this includes savings or any money held in the bank’
3. Personal property: art, vehicles, jewellery, antiques and other tangible assets.
4. Retirement Accounts;
5. Life Insurance Policies;
6. Business Interests; and 
7. Debts and Liabilities.

Can I Revoke or Change My Will in Nevada?

Yes, you can revoke or change a will in Nevada. Revoking a will means cancelling a will that has been made, making it void and unenforceable. For one to legitimately revoke a will, the testator must have the capacity to revoke the will; capacity denotes the mental capacity to understand the consequences of their actions; the testator must have a clear intention to revoke the will, and the revocation must be executed appropriately. 

How Do You Revoke or Change Your Will in Nevada

Nevada Revised Statute section 133.120 details revoking a written and an electronic will.

A written will may be revoked by:

1. Burning, tearing, canceling, or obliterating the will to revoke it by the testator or by some person in the presence and at the discretion of the testator or 

2. Writing another will that expressly revokes an existing will. It should be executed in the same manner as the original will;

An electronic will may be revoked by:

1. A subsequent will, codicil, electronic will, or other writing;

2. In instances where the electronic will has been converted to a certified paper original, burning, tearing, canceling or obliterating the certified paper original to revoke the electronic will by the testator or by some person in the presence and at the direction of the testator

Can I Make a Digital or Electronic Will in Nevada?

Yes, you can make a digital or electronic will in Nevada. An electronic will is created, signed, and witnessed online. Alternatively, a will may be created using online platforms and will-writing companies, printed for signing by the testator, and witnessed by two competent witnesses.

Who Can Witness a Will in Nevada?

Nevada Revised Statutes Section 133.040 states who can be a witness in a will. The witness must be competent and an adult and not a beneficiary. When a beneficiary is in the will, the will must be signed by two other competent witnesses; otherwise, any bequest to the beneficiary witness is void. 

Should My Will Name an Executor?

Yes, your Nevada will should name an executor. An executor will administer your estate, ensure your wishes are honored, file your will with the probate court, and ensure the debts and liabilities of the estate are paid. 

What Are the Nevada Will Executor Requirements?

Being an executor is a vital role in the probate process. They oversee the affairs of the entire estate of the decedent. Thus, an executor:

1. Must be a Nevada Resident;
2. Be an adult of sound mind;
3. Be financially stable;
4. Have a good credit history and
5. Have no recent felony convictions. 

What Happens to a Will After Death in Nevada?

After death, the will is filed in the probate court in the county where the decedent resided at the time of death. The executor or any beneficiary or friend of the decedent may file the will. Once a will is filed, the probate process commences, a will is validated, and property is divided according to the wishes of the deceased.

What is the Impact of Marriage and Divorce on Your Nevada Will

Marriage revokes a will in Nevada. Nevada Revised Statute Section 133.110 details the revocation of a will by marriage.  It states that if a person marries after making a will and the spouse survives the maker, the will is revoked as to the spouse unless: provision has been made for the spouse by marriage contract; the spouse is provided for in the will, or in such a way mentioned therein as to show an intention not to make such provision, including, without limitation by a reference in the will to a future spouse by name; or the spouse is provided for by a transfer of property outside of the will, and it appears that the maker intended the transfer to be instead of a testamentary provision. To prevent revocation of a will by marriage, spouses can create a will for married couples after marriage. 

Nevada Revised Statute Section 133.115 stipulates the impact of divorce on a Nevada will. The section elucidates that divorce or annulment of the marriage of the testator revokes every devise, beneficial interest, or designation to serve as personal representative given to the testator’s former spouse in a will executed before the entry of the decree of divorce or annulment. 

Do All Wills in Nevada Have to Go Through Probate?

Yes, all wills in Nevada have to go through probate. However, depending on the value of the estate, the probate process may vary. Simplified probate is applicable for estates with a value of $300,000 and below, and it takes a few weeks to 3 months. The other probate process may take six months to 18 months. 

Is Nevada a Community Property State?

Yes, Nevada is a community property state. Community property state stipulates that property acquired after marriage is presumed to be community property, jointly owned by both spouses, regardless of who earned and purchased it. Any income earned and property acquired during the marriage is divided equally between the spouses in the event of divorce or legal separation. 

How is Nevada Intestate Succession Done?

Intestate succession in Nevada is done in accordance with Chapter 134 of the Nevada Revised Statute. The following happens during intestate succession:

1. When you have a spouse with no children, the spouse inherits half of the property of the deceased, and the parents and siblings will inherit the other half;

2. When you have children and a spouse, the spouse inherits community property, and depending on the number of children, the children inherit the rest of the property. 

3. When you have no spouse but you have children, the children will inherit all of the decedent’s property.

4. Your parents and siblings will inherit your property when you have no spouse or children. 

How is Estate and Inheritance Tax in Nevada Done? 

In Nevada, estate and inheritance taxes are not applicable. However, the deceased’s estate may be required to pay federal tax. As of 2024, the federal estate tax exemption is $ 13.08 million per individual, meaning estates valued below this amount generally do not owe federal estate taxes.