State requirements
Making a will in Nevada
Nevada requires 2 adult witnesses, recognizes handwritten (holographic) wills, and offers a self-proving affidavit that speeds up probate. Every rule below is drawn from the statute.
Witnesses
2 adults
Notarization
Optional (affidavit)
Holographic wills
Recognized
Self-proving affidavit
Available
Overview
Nevada has flexible will execution requirements and was an early adopter of electronic wills. Nevada recognizes holographic wills. Nevada is a community property state.
Key Statutes
| Statute | Citation | Summary |
|---|---|---|
| Testamentary Capacity | NRS 133.020 | 18+ and of sound mind |
| Execution Requirements | NRS 133.040 | Written, signed, 2 witnesses |
| Holographic Wills | NRS 133.090 | Entirely in testator's handwriting |
| Electronic Wills | NRS 133.085 | E-wills valid with specific requirements |
| Self-Proving | NRS 133.050 | Available with affidavit |
Execution Requirements
Nevada Will Formalities
NEVADA WILL REQUIREMENTS:
✓ In writing
✓ Signed by testator at the end
✓ Attested by 2 competent witnesses
✓ Witnesses sign in testator's presence
HOLOGRAPHIC WILLS:
✓ Entirely in testator's handwriting
✓ Signed by testator
✓ NO witnesses required
✓ Date recommended but not required
ELECTRONIC WILLS:
✓ Nevada pioneered e-will legislation
✓ Remote witnessing permitted
✓ Electronic signatures valid
✓ Must be stored with qualified custodian
Community Property State
Nevada Community Property Rules
NEVADA COMMUNITY PROPERTY:
- Property acquired during marriage is community property
- Each spouse owns 50% of community property
- Can only dispose of your 50% share by will
- Separate property freely disposable
COMMUNITY PROPERTY WITH RIGHT OF SURVIVORSHIP:
- Nevada allows CPWROS designation
- Passes automatically to surviving spouse
- Avoids probate for those assets
Self-Proving Affidavit
Nevada allows self-proving wills under NRS 133.050.
Spousal Rights
NEVADA SPOUSAL PROTECTIONS:
- 50% of community property protected
- Homestead exemption
- Allowances during administration
- NO elective share (community property protection)
Checklist for Nevada Wills
- •[ ] Testator is 18+ and of sound mind
- •[ ] Will written and signed at end
- •[ ] 2 witnesses present and signed
- •[ ] Self-proving affidavit (recommended)
- •[ ] Community property properly identified
- •[ ] Only disposing of testator's 50% share
Nevada will questions, answered
Can I make a will online in Nevada?
Yes. Nevada does not require a lawyer to draft a will. A will created online is valid in Nevada when it is properly executed — in writing, signed by a testator aged 18+ of sound mind, and witnessed by 2 adult witnesses.
How many witnesses does a will need in Nevada?
Nevada requires 2 adult witnesses. Witnesses should not be beneficiaries — an interested witness can jeopardize their gift or invite a contest.
Does Nevada require a will to be notarized?
No. Witnesses make a will valid in Nevada, not a notary. A notary is used for the optional self-proving affidavit, which lets the probate court accept the will without contacting your witnesses.
Are handwritten (holographic) wills valid in Nevada?
Yes, Nevada recognizes holographic wills under specific conditions. They are riskier than witnessed wills — harder to probate and easier to contest — so a witnessed will remains the safer choice.
What makes a will legally valid in Nevada?
A valid Nevada will is in writing, made by a person aged 18+ of sound mind, signed by the testator, and attested by 2 adult witnesses. Note: Nevada is a community property state.
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Start my will — $29This page is general information about Nevada law, not legal advice. Statutes change — verify current requirements or consult a licensed Nevada attorney for complex situations.