Title 12

NRS 133.055 Signature affixed to self-proving affidavit or declaration that is attached to will considered signature affixed to will. A signature affixed to a self-proving affidavit or a self-proving declaration that is attached to a will and executed at the same time as the will…

NRS 133.060 Devise to subscribing witness. All devises in a will to a subscribing witness are void unless there are two other competent subscribing witnesses to the will. [Part 4:61:1862; B § 815; BH § 3003; C § 3074; RL § 6205; NCL § 9908]—(NRS A 1999, 2255)

NRS 133.065 Devise and appointment may be conditional. Except to the extent that it violates public policy, a testator may: 1. Make a devise conditional upon a devisee’s action or failure to take action or upon the occurrence or nonoccurrence of one or more specified events; and …

NRS 133.070 Creditors as witnesses. A mere charge on the estate of the testator for the payment of debts shall not prevent the creditors of the testator from being competent witnesses to his or her will. [Part 4:61:1862; B § 815; BH § 3003; C § 3074; RL § 6205; NCL § 9908]

NRS 133.080 Foreign execution. 1. Except as otherwise provided in chapter 133A of NRS, if in writing and subscribed by the testator, a last will and testament executed outside this State in the manner prescribed by the law, either of the state where executed or of the testator’s …

NRS 133.085 Electronic will. 1. An electronic will is a will of a testator that: (a) Is created and maintained in an electronic record; and (b) Contains the date and the electronic signature of the testator and which includes, without limitation, at least one of the following: (1…

NRS 133.086 Requirements for self-proving electronic will; acceptance of declaration or affidavit. 1. An electronic will is self-proving if: (a) The declarations or affidavits of the attesting witnesses are incorporated as part of, attached to or logically associated with the ele…

NRS 133.087 Notarization of documents in proceedings related to an electronic will. 1. Notwithstanding any other provision of law, an electronic notary public or other notarial officer may, for purposes of this title, including, without limitation, all purposes relating to the ex…

NRS 133.088 Performance of certain notarial acts by electronic means. 1. For purposes of this title, including, without limitation, any declaration or affidavit made by an attesting witness as described in NRS 133.050, for all purposes relating to the execution and filing of any …

NRS 133.090 Holographic will. 1. A holographic will is a will in which the signature, date and material provisions are written by the hand of the testator, whether or not it is witnessed or notarized. It is subject to no other form, and may be made in or out of this State. 2. Eve…

NRS 133.100 Nuncupative or oral will invalid. A nuncupative or oral will is not valid. [5:61:1862; B § 816; BH § 3004; C § 3075; RL § 6206; NCL § 9909]—(NRS A 1999, 2256) REVOCATION

NRS 133.110 Revocation by marriage; effect upon rights of surviving spouse; effect of such rights on remaining provisions of will. 1. If a person marries after making a will and the spouse survives the maker, the will is revoked as to the spouse, unless: (a) Provision has been ma…

NRS 133.115 Revocation of provisions in favor of former spouse on divorce or annulment; exceptions. 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 spo…

NRS 133.120 Other means of revocation. 1. A written will other than an electronic will may be revoked by: (a) Burning, tearing, cancelling or obliterating the will, with the intention of revoking it, by the testator, or by some person in the presence and at the direction of the t…

NRS 133.130 Effect of revocation of subsequent will. If, after the making of any will, the testator executes a valid second will that includes provisions revoking the first will, the destruction, cancellation or revocation of the second will does not revive the first will unless:…

NRS 133.140 Agreements of testator. A bond, covenant or agreement made by a testator to convey any property devised in any will previously made is not a revocation of the previous devise, but the property passes by the devise, subject to the same remedies on the bond, covenant or…

NRS 133.150 Charges or encumbrances upon estate. A charge or encumbrance upon any estate, for the purpose of securing the payment of money, or the performance of any covenant or agreement, is not a revocation of a will relating to the same estate which was previously executed, bu…

NRS 133.155 Specific devise passes subject to mortgage or lien existing on date of death. A specific devise passes subject to any mortgage or lien existing on the date of death, without right of exoneration, regardless of a general directive in the will to pay debts. (Added to NR…

NRS 133.160 Rights of child born after making of will by parent of child; effect of such rights on remaining provisions of will. 1. When a child is born after the making of a will by a parent of that child and no provision is made for the child in the will, the child is entitled …

NRS 133.170 Omission of child or grandchild presumed intentional; rights of child or grandchild if omission found unintentional. When the child of a testator or the issue of a deceased child of a testator is omitted from the testator’s will, it must be presumed that the omission …

NRS 133.180 Sources of unmentioned child’s share. When any share of the estate of a testator is assigned to a child born after the making of a will, or to a child or the issue of a child omitted in the will, as mentioned in NRS 133.160 and 133.170, the share must first be taken f…

NRS 133.190 Effect of advancements. If the child or children, or their descendants, so unprovided for, have had an equal proportion of the testator’s estate bestowed upon them in the testator’s lifetime, by way of an advancement, as provided in NRS 151.120, they take nothing unde…

NRS 133.200 Death of beneficiary. In the absence of a provision in the will to the contrary, if any beneficiary who is a descendant of the testator dies before the testator, leaving lineal descendants, the property, share or beneficial interest that would have been distributed or…

NRS 133.210 Devise of real property. Every devise of real property in any will conveys all the estate of the testator therein which could lawfully be devised, unless it clearly appears by the will that the testator intended to convey a lesser estate. [19:61:1862; B § 830; BH § 30…

NRS 133.220 Interests acquired after execution of will. Any estate, right or interest in real property acquired by the testator after the making of a will passes thereby in like manner as if it had been acquired before the time of making the will, if that manifestly appears by th…

NRS 133.300 Written statement required to serve as qualified custodian. 1. A person must execute a written statement affirmatively agreeing to serve as the qualified custodian of an electronic will before he or she may serve in such a capacity. 2. A qualified custodian may not ce…

NRS 133.310 Requirements to cease serving as qualified custodian; appointment of successor qualified custodian. 1. A qualified custodian may cease serving in such a capacity by: (a) The conversion of an electronic will into a certified paper original in accordance with NRS 133.34…

NRS 133.320 Restriction on and duties of qualified custodian; written notice; requirements governing electronic will also govern electronic codicil and electronic revocation of will. 1. A qualified custodian of an electronic will: (a) Must not be an heir of the testator or a bene…

NRS 133.330 Access to and destruction of electronic records in custody of qualified custodian. 1. With regard to an electronic record of an electronic will, a qualified custodian shall provide access to or information concerning the electronic will or the certified paper original…

NRS 133.340 Affidavit required upon creation of certified paper original of electronic will; certification of revocation after electronic revocation of will. 1. A qualified custodian may cause an electronic will to be converted into a certified paper original of the electronic wi…