Changing or Revoking a Will in Nevada
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By Ronald W. Brilliant, Attorney at Law · Licensed in Idaho, Nevada & California · Last reviewed: September 2026 against Nevada Revised Statutes Title 12 (current through the 2025 legislative session)
In This GuideNevada Wills & ProbateTopic 2 of 17: Changing a Will
A will can be changed or cancelled after it is signed. Nevada law spells out the ways a person who made a will, called the testator (NRS 132.345), can revoke it. It also explains how marriage or divorce after signing a will can change its effect automatically (NRS 133.110; NRS 133.115).
These rules matter to anyone updating an estate plan and to family members trying to learn which will, if any, controls. Most of the rules below come from NRS 133.110 through 133.130.
Changing a Will With a Codicil
A codicil is an addition to a will that may change or revoke one or more of its provisions, or add new ones (NRS 132.070). A codicil must be signed with the same formalities as a witnessed will, electronic will or holographic will (NRS 132.070). The signing rules are covered on the page about making a valid will.
Nevada’s definition of “will” includes a codicil, and also a document that only revokes or revises another will (NRS 132.370). For electronic documents, the rules for an electronic will also govern an electronic codicil and an electronic revocation, unless the law provides otherwise (NRS 133.320(3)).
Ways to Revoke a Paper Will
A written will other than an electronic will may be revoked in any of these ways (NRS 133.120(1)):
- Physical act: burning, tearing, cancelling or obliterating the will, with the intention of revoking it, by the testator or by another person in the testator’s presence and at the testator’s direction (NRS 133.120(1)(a)).
- A new will or codicil in writing, executed as Chapter 133 requires (NRS 133.120(1)(b)).
- An electronic will executed as Chapter 133 requires (NRS 133.120(1)(c)).
- An electronic revocation that meets the electronic requirements of NRS 133.085(1)(a) and (b) (NRS 133.120(1)(d)).
The physical-act method requires the intention of revoking the will (NRS 133.120(1)(a)). Those electronic requirements mean the revocation is created and kept in an electronic record, is dated and electronically signed by the testator, and includes at least one of the following: an authentication characteristic of the testator, the electronic signature and seal of an electronic notary public, or the electronic signatures of two or more attesting witnesses (NRS 133.085(1)(a)–(b)).
Ways to Revoke an Electronic Will
An electronic will may be revoked by (NRS 133.120(2)):
- A later will, codicil, electronic will or other writing, executed as Chapter 133 requires, that revokes all or part of the electronic will expressly or by inconsistency (NRS 133.120(2)(a));
- Burning, tearing, cancelling or obliterating the certified paper original, with the intention of revoking the electronic will, if the electronic will has been converted to a certified paper original; this may be done by the testator or by another person in the testator’s presence and at the testator’s direction (NRS 133.120(2)(b)); or
- An electronic revocation that meets the electronic requirements of NRS 133.085(1)(a) and (b) (NRS 133.120(2)(c)).
A certified paper original is a paper document that contains the text of an electronic will and, if applicable, a self-proving affidavit (NRS 132.053).
If a testator revokes a will through an electronic record, the qualified custodian may convert that electronic revocation into a certification of revocation (NRS 133.340(7)). A qualified custodian is the person who keeps an electronic will’s record under NRS 133.320 (NRS 132.286). The certification includes a certified paper original of the electronic will, the text of the revocation, and a sworn affidavit about how the revocation record was kept (NRS 133.340(7)).
Marriage After Making a Will
If a person marries after making a will and the spouse survives, the will is revoked as to the spouse (NRS 133.110(1)). This does not happen if any of the following is true (NRS 133.110(1)(a)–(c)):
- Provision was made for the spouse by marriage contract (NRS 133.110(1)(a));
- The will provides for the spouse, or mentions the spouse in a way that shows an intention not to provide for him or her, including by naming a future spouse in the will (NRS 133.110(1)(b)); or
- The spouse is provided for by a transfer of property outside the will, and it appears the testator meant the transfer to take the place of a gift in the will (NRS 133.110(1)(c)).
When a will is revoked as to the spouse, the spouse receives the same share he or she would have received if the testator had died intestate, meaning without a will (NRS 133.110(2)(a); NRS 132.190). The rest of the will stays in effect to the extent it is consistent with that share, including any choice of personal representative (NRS 133.110(2)(b)).
A personal representative is the person who manages the estate, a term that includes an executor or administrator (NRS 132.265). The spouse’s intestate share is explained on the page about dying without a will.
Divorce or Annulment After Making a Will
Divorce or annulment revokes every gift, beneficial interest, or appointment as personal representative given to the former spouse in a will signed before the divorce or annulment decree was entered (NRS 133.115). The will then takes effect as if the former spouse had died before the testator (NRS 133.115).
This automatic revocation does not apply if something different is (NRS 133.115(1)–(2)):
- Provided in a property or separation agreement approved by the court in the divorce or annulment case (NRS 133.115(1)); or
- Ordered by the court in the divorce or annulment case (NRS 133.115(2)).
Revocation From Other Changes in Circumstances
The listed methods of revocation do not prevent a revocation “implied by law” from later changes in the testator’s condition or circumstances (NRS 133.120(3)). The statute does not list what those changes are.
Events and Their Effect at a Glance
| Event | Effect on the will | NRS |
|---|---|---|
| Testator burns, tears, cancels or obliterates a paper will intending to revoke it | Will revoked | 133.120(1)(a) |
| Testator signs a new will or codicil | Can revoke the earlier will; for an electronic will, all or part, expressly or by inconsistency | 133.120(1)(b)–(c), (2)(a) |
| Testator marries after making the will; spouse survives | Will revoked as to the spouse unless an exception applies; spouse takes intestate share | 133.110 |
| Testator’s marriage ends in divorce or annulment | Gifts and personal representative appointment for former spouse revoked, unless a court-approved agreement or court order says otherwise | 133.115 |
| Second will that revoked the first is itself revoked | First will is not revived unless intent to revive appears or first will is reexecuted | 133.130 |
Does Revoking a New Will Bring Back an Old One?
Suppose a testator makes a first will, then signs a valid second will that includes provisions revoking the first one. Destroying, cancelling or revoking the second will does not revive the first will (NRS 133.130), unless:
- The terms of the revocation, or the way it happened, show an intention to revive and give effect to the first will (NRS 133.130(1)); or
- The first will is reexecuted after the second will is destroyed, cancelled or revoked (NRS 133.130(2)).
Things That Do Not Revoke a Will
A bond, covenant or agreement by the testator to convey property that a will already gives away is not a revocation of that gift (NRS 133.140). Likewise, a charge or encumbrance placed on property to secure payment of money, or performance of an agreement, is not a revocation of an earlier will covering that property (NRS 133.150). These rules are discussed further on the page about how wills are interpreted.
International Wills
An international will is subject to the ordinary rules of revocation of wills (NRS 133A.100).
Whether a will was validly revoked can become an issue in court. Disputes over a will are covered on the page about will contests.
How I Can Help
I help Nevada clients update or replace their wills using methods the statutes recognize, and I review how a marriage, divorce or earlier revocation affects an existing will. If you have a will that may no longer reflect your wishes, or you are unsure which of a loved one’s wills controls, Request a consultation to discuss your situation.
This page provides general information about Nevada wills and probate law, based on Nevada Revised Statutes Title 12 as of the 2025 legislative session, and is not legal advice. Other Nevada laws, court rules, and case law also affect these matters. Every estate is different; consult an attorney about your situation. Reading this page does not create an attorney-client relationship.