Making a Valid Will in Nevada

Part of my Nevada Wills & Probate Guide.

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 1 of 17: Making a Valid Will

A will is a formal document that says how a person’s property will be distributed after death (NRS 132.370). The person who makes a will is called the testator (NRS 132.345). Nevada law sets out who may make a will and the formal steps that make it valid.

This page explains those rules for the kinds of wills Nevada recognizes: a standard witnessed will, a handwritten (holographic) will, an electronic will, and an international will. It also covers self-proving affidavits, lists of personal items, and wills signed in another state. If no valid will exists, Nevada’s rules for dying without a will apply instead.

Who Can Make a Will in Nevada

Every person of sound mind, over the age of 18 years, may make a will that disposes of all of his or her property, both real and personal (NRS 133.020). The same age and sound-mind rule applies to electronic wills (NRS 133.085(2)) and holographic wills (NRS 133.090(2)).

Property passing by a will remains chargeable with the payment of the testator’s debts (NRS 133.020).

A will does more than hand out property. Under Nevada’s definition, a will also includes a document that only names an executor, revokes or changes another will, nominates a guardian, or excludes or limits someone who would otherwise inherit (NRS 132.370). A codicil is an addition to a will that changes, revokes, or adds provisions, and it must be signed with the same formalities as a will (NRS 132.070).

Types of Wills Nevada Recognizes

Type of will	Basic requirements	NRS
Witnessed will	In writing; signed by the testator (or by an attending person at the testator’s express direction); attested by at least two competent witnesses who sign in the testator’s presence	133.040
Holographic will	Signature, date and material provisions written by the testator’s own hand; witnesses and notary not required	133.090
Electronic will	Created and maintained in an electronic record; contains the date and the testator’s electronic signature plus at least one of three added safeguards	133.085
International will	In writing; declared and signed before two witnesses and an authorized person, who also sign	133A.060
Oral (nuncupative) will	Not valid in Nevada	133.100

The Standard Witnessed Will

A will signed in Nevada that is not an electronic or holographic will is valid only if it meets three requirements (NRS 133.040):

It is in writing (NRS 133.040).
It is signed by the testator, or by an attending person at the testator’s express direction (NRS 133.040).
It is attested by at least two competent witnesses who sign their names to the will in the presence of the testator (NRS 133.040).

Being “in the presence” of the testator includes being in the same place at the same time, or appearing together at the same time by audio-video communication (NRS 132.375(1)). Audio-video communication means people can see, hear and talk with each other in real time by electronic means (NRS 133.088(3)(b)).

Witnesses Who Receive Gifts Under the Will

A devisee is a person named in a will to receive property (NRS 132.100). If a witness who signs the will is also a devisee, every gift to that witness is void unless the will has two other competent witnesses (NRS 133.060).

A creditor of the testator can still be a competent witness. A mere charge on the estate for paying debts does not disqualify the testator’s creditors from witnessing the will (NRS 133.070).

Self-Proving Affidavits and Declarations

Any witness to a will may sign a sworn affidavit, or a declaration under penalty of perjury, stating the facts the witness would have to testify to in court to prove the will (NRS 133.050(1)). It must be written on the will or, if that is impracticable, on a paper attached to it; for an electronic will, it must be in a record that is part of, attached to or logically associated with the will (NRS 133.050(1)). The court must accept the witness’s sworn statement as if it had been taken before the court (NRS 133.050(1)).

The statute includes sample forms (NRS 133.050(2)–(3)). If the testator or a witness appears by audio-video communication, the form must be changed to say so (NRS 133.050(4)).

A signature on a self-proving affidavit or declaration that is attached to the will and signed at the same time as the will counts as a signature on the will itself, if that is needed to prove the will was properly signed (NRS 133.055).

Handwritten (Holographic) Wills

A holographic will is one in which the signature, date and material provisions are written by the testator’s own hand (NRS 133.090(1)). It is valid whether or not it is witnessed or notarized, and it may be made in or out of Nevada (NRS 133.090(1)).

It is subject to no other form (NRS 133.090(1)), and it has the same force and effect as a formally signed will (NRS 133.090(3)).

Electronic Wills

An electronic will is created and maintained in an electronic record (NRS 133.085(1)(a)). It must contain the date and the testator’s electronic signature, and it must also include at least one of the following (NRS 133.085(1)(b)):

An authentication characteristic of the testator, such as a fingerprint, retinal scan, voice recognition, facial recognition, video recording, or digitized signature (NRS 133.085(1)(b)(1), (5)(a));
The electronic signature and electronic seal of an electronic notary public, placed in the testator’s presence, who was present when the testator signed (NRS 133.085(1)(b)(2)); or
The electronic signatures of two or more attesting witnesses, placed in the testator’s presence, who were present when the testator signed (NRS 133.085(1)(b)(3)).

Except where the electronic-will statutes say otherwise, questions about an electronic will’s force, effect, validity and interpretation are decided the same way as for a witnessed will under NRS 133.040 (NRS 133.085(3)).

Signing Electronically and Remotely

For purposes of Nevada’s wills and estates title, including documents related to an electronic will, people in different places are treated as being in each other’s presence if they can communicate by audio-video communication (NRS 133.088(1)(a)). Any requirement that a document be signed may be met by an electronic signature (NRS 133.088(1)(c)).

A document signed electronically is treated as signed in Nevada, and governed by Nevada law, if any one of certain conditions is met (NRS 133.088(1)(e)). These include the signer stating that he or she intends to sign under Nevada law, or the document stating that Nevada law governs its signing (NRS 133.088(1)(e)(1)–(2)).

Self-Proving Electronic Wills and Qualified Custodians

An electronic will is self-proving if three things are true (NRS 133.086(1)):

The witnesses’ affidavits or declarations are part of, attached to, or logically associated with the electronic will (NRS 133.086(1)(a));
The electronic will names a qualified custodian to keep the electronic record (NRS 133.086(1)(b)); and
Before being turned into a certified paper original, the will was at all times in a qualified custodian’s custody (NRS 133.086(1)(c)).

A qualified custodian must sign a written statement agreeing to serve before acting in that role (NRS 133.300(1)). The custodian must not be an heir of the testator, or a beneficiary or devisee under the electronic will (NRS 133.320(1)(a)). An heir is a person entitled to inherit when someone dies without a will (NRS 132.165).

The custodian must store the will in a system that protects it from destruction, alteration or unauthorized access and detects any change (NRS 133.320(1)(b)). The custodian must also keep a photo or other visual record of the testator and witnesses, records of their identification, and an audio and video recording of the signing (NRS 133.320(1)(c)).

During the testator’s life, the custodian may give access to the will only to the testator or someone the testator directs in writing (NRS 133.330(1)(a)). After death, access goes to the nominated personal representative (a term that includes an executor or administrator) or any interested person (NRS 133.330(1)(b); NRS 132.265).

A qualified custodian may convert an electronic will into a certified paper original: a paper document containing the will’s text and a detailed affidavit (NRS 133.340(1)–(3)). A certified paper original may be offered for probate the same as an original will, is presumed valid, and, absent any objection, must be admitted to probate expeditiously without further proof (NRS 133.340(8)).

Leaving Personal Items by a Separate List

A will may refer to a separate written statement or list, including one in an electronic record, to leave items of tangible personal property not otherwise specifically given away by the will (NRS 133.045(1)). The list may not be used for money, evidences of indebtedness, documents of title, securities, or property used in a trade or business (NRS 133.045(1)).

To be admissible as evidence of what the testator intended, the list must contain (NRS 133.045(2)):

The date it was signed;
A title showing its purpose;
A reference to the will it relates to;
A reasonably certain description of the items and the names of the devisees; and
The testator’s handwritten or electronic signature.

The list may be prepared before or after the will is signed, and the testator may change it afterward (NRS 133.045(3)(b)–(c)).

Conditions in a Will

Except to the extent it violates public policy, a testator may make a gift depend on a devisee doing or not doing something, or on whether certain events happen (NRS 133.065(1)). A testator may also state conditions that would disqualify or remove someone serving under the will, such as a personal representative, guardian or trustee (NRS 133.065(2)).

Wills Signed Outside Nevada

A will signed outside Nevada is treated as legally executed here if it is in writing, signed by the testator, and executed as required by the law of the state where it was signed or of the testator’s domicile (NRS 133.080(1)). Such a will has the same effect as if it had been executed under Nevada law (NRS 133.080(1)). “Signed” here includes an electronic signature on an electronic will (NRS 133.080(3)).

International Wills

Nevada has adopted the Uniform International Wills Act (NRS 133A.010). A will made in the form of an international will is valid as to form, no matter where it is made, where the assets are, or the testator’s nationality, domicile or residence (NRS 133A.050(1)).

The main steps are (NRS 133A.060):

The will is in writing, in any language, by hand or other means; the testator need not write it personally (NRS 133A.060(1)).
The testator declares, before two witnesses and an authorized person, that the document is his or her will and that he or she knows its contents (NRS 133A.060(2)).
In their presence, the testator signs the will or acknowledges an earlier signature (NRS 133A.060(3)).
The witnesses and the authorized person sign the will in the testator’s presence (NRS 133A.060(5)).

Lawyers admitted to practice in Nevada who are in good standing as active practitioners here are authorized persons for international wills (NRS 133A.120). The authorized person attaches a signed certificate confirming the requirements were met (NRS 133A.080). Unless there is evidence to the contrary, that certificate is conclusive of the will’s formal validity under this chapter (NRS 133A.090).

If a will fails as an international will, it may still be valid as another kind of will (NRS 133A.050(2)). The international will rules do not apply to a single document in which two or more people make their wills together (NRS 133A.050(3)).

Once a will is made, the rules for changing or revoking a will and for how wills are interpreted come into play. A will’s validity can also be challenged in a will contest.

How I Can Help

I help Nevada clients prepare wills that follow the signing and witnessing rules in Chapter 133, and I review existing wills, including handwritten, electronic and out-of-state wills, to see how Nevada law treats them. If you are thinking about a new will or wondering whether an existing one meets Nevada’s requirements, 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.