Nevada Will and Trust Laws: Witnesses, Holographic and E-Wills (2026)

A Nevada will executed in the state is valid when it is in writing, signed by the testator (or by an attending person at the testator's express direction) and attested by at least two competent witnesses who subscribe their names to the will in the presence of the testator (NRS 133.040). Any person of sound mind over the age of 18 may make one (133.020); no notary is required, and Nevada also recognizes holographic wills (133.090) and electronic wills (133.085). Living trusts are governed by Nevada's own trust statutes in NRS chapters 163 and 164.

Among the wills and trusts laws by state, two Nevada rules stand out. A trust is irrevocable unless the settlor expressly reserves the right to revoke it (163.004(2)). And no-contest clauses in wills and trusts are enforced "without regard to the presence or absence of probable cause," subject to listed exceptions (137.005, 163.00195).

Information last verified on 2026-10-20. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers Nevada statutes on making, signing, changing and revoking wills (NRS chapters 133, 136 and 137) and on living trusts (NRS chapters 163 and 164), with the community property and divorce sections that affect them. It does not cover what happens when someone dies without a will or how probate works (see Nevada probate), small-estate procedures (see the Nevada small estate affidavit page), powers of attorney (see Nevada power of attorney laws), or taxes. A living will is a health-care directive, not a will; see the Nevada advance directive tool.

What makes a will valid in Nevada?

Section 133.020 sets capacity: "Every person of sound mind, over the age of 18 years, may, by last will, dispose of all his or her estate, real and personal, the same being chargeable with the payment of the testator's debts."

Section 133.040 sets the formalities for a will made in Nevada:

"No will executed in this State, except such electronic wills or holographic wills as are mentioned in this chapter, is valid unless it is in writing and signed by the testator, or by an attending person at the testator's express direction, and attested by at least two competent witnesses who subscribe their names to the will in the presence of the testator." (NRS 133.040)

The requirements for a traditional paper will are:

• A writing. The will must be in writing.
• The testator's signature. The testator signs, or an attending person signs at the testator's express direction.
• Two competent witnesses. At least two competent witnesses attest the will and subscribe their names to it "in the presence of the testator."
• No notary. Section 133.040 does not require a notary for validity.

Interested witnesses

Nevada voids a gift to a witness unless there are enough other witnesses: "All devises in a will to a subscribing witness are void unless there are two other competent subscribing witnesses to the will" (NRS 133.060). The will itself stays valid; what is lost is the witness's own devise.

Wills signed outside Nevada

Under NRS 133.080(1), except as chapter 133A provides, "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 domicile, shall be deemed to be legally executed." For this purpose, "subscribed" includes placing an electronic signature on an electronic will (133.080(3)).

Chapter 133A is Nevada's Uniform International Wills Act (2009). A will "is valid as regards form, irrespective particularly of the place where it is made, of the location of the assets and of the nationality, domicile or residence of the testator, if it is made in the form of an international will complying with the requirements of this chapter" (133A.050(1)). Among those requirements, the testator must "declare in the presence of two witnesses and of a person authorized to act in connection with international wills that the document is the testator's will and that he or she knows the contents thereof," sign the will or acknowledge a signature already made in their presence, and the witnesses and the authorized person "shall there and then attest the will by signing in the presence of the testator" (133A.060(2), (3), (5)).

Witnesses and "presence" by audio-video

Section 133.088(1) provides that "For purposes of this title," a person is deemed to be in the presence of another person if they are in "(1) The same physical location; or (2) Different physical locations but can communicate with each other by means of audio-video communication." The section defines audio-video communication as "communication by which a person is able to see, hear and communicate with another person in real time using electronic means" (133.088(3)(b)).

Two textual points matter when applying that rule to witnessing. Section 133.088 is written for the whole title, and it names, among other things, the witness declarations and affidavits under 133.050 and documents in proceedings relating to an electronic will. Section 133.040 itself says only that witnesses subscribe "in the presence of the testator" and does not separately mention audio-video communication. Any remote witnessing of a paper will therefore rests on the 133.088 definition, not on words in 133.040.

Does a Nevada will need to be notarized? Self-proving declarations and affidavits

No. Section 133.040 does not require a notary. Nevada's self-proving procedure works through the witnesses rather than through a notarized acknowledgment by the testator:

"Any attesting witness to a will, including, without limitation, an electronic will, may sign a declaration under penalty of perjury or an affidavit before any person authorized to administer oaths in or out of the State, stating such facts as the witness would be required to testify to in court to prove the will." (NRS 133.050(1))

The rest of 133.050 fills in the details:

• Two routes. A witness can sign either a declaration under penalty of perjury (no officer needed) or an affidavit before a person authorized to administer oaths.
• Where it goes. The declaration or affidavit "must be written on the will or, if that is impracticable, on some paper attached thereto." For an electronic will, it must be in a record incorporated as part of, attached to or logically associated with the will.
• Effect. "The sworn statement of any witness so taken must be accepted by the court as if it had been taken before the court."
• Forms. Subsections 2 and 3 give the forms, and under 133.050(4), if a testator or witness appears by audio-video communication, the form "must be modified to indicate that fact." This page does not reproduce the forms.

Witnesses can also act after the testator dies. Under NRS 136.160, any or all attesting witnesses may, at the request of the executor or any interested person, make and sign an affidavit stating the facts they would testify to, and the court must accept it as if taken before the court.

At probate, if no one appears to contest the will, the court may admit it "on the testimony of only one of the subscribing witnesses," if that testimony shows the will was executed as required by law and the testator was of sound mind and had reached age 18 (136.150(1)). A filed affidavit of the witness showing the same facts "has the same force and effect as if the witness were present and testified orally" (136.150(2)).

Are handwritten (holographic) wills valid in Nevada?

Yes. Section 133.090 provides:

"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." (NRS 133.090(1))

The signature, the date and the material provisions must all be written by the testator's hand. Any person of sound mind over age 18 may make one, and such wills "are valid and have the same force and effect as if formally executed" (133.090(2)-(3)). At probate, "A holographic will may be proved by authentication satisfactory to the court" (NRS 136.190).

A separate list for tangible personal property

Under NRS 133.045, a will may refer to a written statement or list, including one in an electronic record, to dispose of items of tangible personal property not otherwise specifically disposed of by the will, "other than money, evidences of indebtedness, documents of title, securities and property used in a trade or business." To be admissible, the list must contain the date of its execution, a title indicating its purpose, a reference to the will, a reasonably certain description of the items and the names of the devisees, and the testator's handwritten or electronic signature (133.045(2)). It may be prepared before or after the will and altered later.

Are oral (nuncupative) wills valid in Nevada?

No. NRS 133.100 states: "A nuncupative or oral will is not valid."

Electronic wills in Nevada

Nevada has authorized electronic wills since 2001 (NRS 133.085, added in 2001 and amended in 2017). Under 133.085(1), an electronic will is a will that:

• is created and maintained in an electronic record; and
• contains the date and the electronic signature of the testator, and includes at least one of the following:
  1. an authentication characteristic of the testator;
  2. the electronic signature and electronic seal of an electronic notary public, "placed thereon in the presence of the testator and in whose presence the testator placed his or her electronic signature thereon"; or
  3. the electronic signatures of two or more attesting witnesses, "placed thereon in the presence of the testator and in whose presence the testator placed his or her electronic signature thereon."

An "authentication characteristic" is a characteristic unique to a person that can be measured and recognized in an electronic record, such as "a fingerprint, a retinal scan, voice recognition, facial recognition, video recording, a digitized signature or other commercially reasonable authentication using a unique characteristic of the person" (133.085(5)(a)). The same age and sound-mind rule applies (133.085(2)), and questions about the force, effect, validity and interpretation of a complying electronic will are decided the same way as for a will executed under 133.040 (133.085(3)).

Self-proving electronic wills and qualified custodians

Under NRS 133.086(1), an electronic will is self-proving if:

1. the witnesses' declarations or affidavits are incorporated as part of, attached to or logically associated with it, as described in 133.050;
2. it designates a qualified custodian to maintain custody of its electronic record; and
3. before being reduced to a certified paper original, it was at all times under the custody of a qualified custodian.

The qualified-custodian rules are in NRS 133.300 to 133.340.

Notarization and Nevada execution

Section 133.087 lets an electronic notary public or other notarial officer, for purposes of the title, notarize the signature of a person who is not physically present if the person is in his or her presence within the meaning of 133.088, and "Notarize any document relating to a will, codicil or testamentary trust." Under 133.088(1), any requirement that a document be signed "may be satisfied by an electronic signature," and where the law requires a written record, "an electronic record satisfies such a provision."

A document executed electronically is deemed executed in Nevada, and governed by Nevada law, regardless of where the signer or any witness is located, if one of the conditions in 133.088(1)(e) is met: the person executing it states an understanding and intent to execute it under Nevada law; the document states that Nevada law governs; any attesting witnesses or electronic notary were physically located in Nevada at execution; or, for a self-proving electronic will, it designates a qualified custodian domiciled, organized or with its principal place of business in Nevada. The validity of an electronic notary's act is governed by the law of the jurisdiction where the notary is commissioned (133.088(2)).

Is there a harmless-error rule?

No. Chapter 133 of NRS, which runs from 133.020 to 133.340, and chapter 136 contain no section that lets a court excuse a defect in how a will was executed. Section 133.040 states that no will executed in Nevada, other than an electronic or holographic will, "is valid unless" it meets the writing, signature and witness requirements.

Changing or revoking a Nevada will

Methods of revocation

Under NRS 133.120(1), a written will other than an electronic will may be revoked by:

• "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 testator";
• another will or codicil in writing, executed as chapter 133 prescribes;
• an electronic will executed as the chapter prescribes; or
• an electronic revocation meeting the electronic requirements in 133.085(1)(a) and (b).

An electronic will may be revoked by a later will, codicil, electronic will or other writing executed as the chapter prescribes that revokes it expressly or by inconsistency; by burning, tearing, cancelling or obliterating its certified paper original with intent to revoke, if it has been converted to one; or by an electronic revocation (133.120(2)). Subsection 3 preserves "the revocation implied by law from subsequent changes in the condition or circumstances of the testator."

Reviving an earlier will

If a testator makes a second will that revokes the first, destroying or revoking the second "does not revive the first will unless: 1. It appears by the terms of the revocation or the manner in which the revocation occurred that it was the intention to revive and give effect to the first will; or 2. After the destruction, cancellation or revocation, the first will is reexecuted" (NRS 133.130).

Marriage after a will

Under NRS 133.110(1), "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 outside the will that the maker intended to be in lieu of a testamentary provision.

When the will is revoked as to the spouse, the spouse takes the same share as if the deceased spouse had died intestate, and the rest of the will remains intact to the extent consistent with that share, "including, without limitation, any provision concerning the appointment of a personal representative" (133.110(2)). The intestate share itself is covered on the Nevada probate page.

Divorce or annulment

Nevada's divorce rules sit in three main sections, one for each kind of document.

Wills. Under NRS 133.115, "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 unless otherwise: 1. Provided in a property or separation agreement which is approved by the court in the divorce or annulment proceedings; or 2. Ordered by the court in the divorce or annulment proceedings," and the will takes effect as if the former spouse had died before the testator.

Revocable trusts. NRS 163.565 applies the same rule to "every devise, beneficial interest or designation to serve as trustee given by the settlor to the former spouse of the settlor in a revocable inter vivos trust executed before the entry of the decree of divorce or annulment," with the same two exceptions (a court-approved property or separation agreement, or a court order), and the trust provisions take effect "as if the spouse had predeceased the trustor."

A related section, 163.567, reaches the settlor's family. Unless a court-approved property or separation agreement or a court order provides otherwise, the divorce, annulment or end of the domestic partnership of a settlor's descendant revokes every devise, beneficial interest or trustee designation the settlor gave to the descendant's former spouse or domestic partner in a revocable inter vivos trust executed before the decree or termination, unless the trust instrument provides otherwise, and revokes that person's appointment as a trust protector, trust adviser or consultant.

Nonprobate transfers and beneficiary designations. NRS 111.781(1) applies "Except as otherwise provided by the express terms of a governing instrument, a court order or a contract relating to the division of the marital estate made between the divorced persons before or after the marriage, divorce or annulment." In that case the divorce or annulment revokes any revocable disposition or appointment of property to the former spouse in a governing instrument, and any disposition or appointment to a relative of the former spouse; any revocable power of appointment conferred on them; and any revocable nomination of them to serve "in any fiduciary or representative capacity." It also severs joint tenancies and community property with right of survivorship between the former spouses into equal tenancies in common. "Governing instrument" is defined in NRS 132.155 to include "A deed, will, trust, insurance policy or annuity, designated as payable on death," a security registered as transferable on death, and "A pension, profit-sharing, retirement or similar benefit plan," among others. Section 111.781 reaches only instruments executed before the divorce or annulment (111.781(11)(d)), and it "applies only to nonprobate transfers which become effective because of the death of a person on or after October 1, 2011, regardless of when the divorce or annulment occurred" (111.781(10)).

Several details of 111.781 matter:

• Provisions revoked solely by the section "are revived by the divorced person's remarriage to the former spouse or by a nullification of the divorce or annulment" (111.781(4)).
• Unless the divorce court specifically orders otherwise, a restraining order under NRS 125.050 "does not preclude a party to such an action from making or changing beneficiary designations" (111.781(5)).
• A payor or other third party that pays in good faith before receiving written or actual notice of an event affecting a beneficiary designation is not liable for that payment (111.781(6)), and written notice must be mailed by registered or certified mail, return receipt requested, or served like a summons (111.781(7)).

For employer plans governed by ERISA, the U.S. Supreme Court held in Egelhoff v. Egelhoff, 532 U.S. 141 (2001), that federal law pre-empts a state statute revoking a spouse's beneficiary designation on divorce as applied to those plans (see the wills and trusts hub).

Beneficiaries who die first, and the slayer rule

Nevada's anti-lapse rule is limited to descendants. Under NRS 133.200, "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 gift goes to that beneficiary's descendants then living, by right of representation.

Chapter 41B governs killers. Under NRS 41B.200(1), the chapter applies to any appointment, nomination, power, right, property, interest or benefit "that accrues or devolves to a killer of a decedent based upon the death of the decedent," and anything not expressly covered "must be treated in accordance with the principle that a killer cannot profit or benefit from his or her wrong."

Limits on what a Nevada will can do

Community property, not an elective share. Nevada's chapters on wills (133) and intestate succession (134) contain no elective-share section. Nevada protects a surviving spouse through community property instead. Under NRS 123.220, property acquired after marriage by either or both spouses is community property, other than the property described in 123.130 and unless otherwise provided by a written agreement between the spouses, a decree of separate maintenance, 123.190 or 123.259. Under NRS 123.250(1), at the death of either spouse, "An undivided one-half interest in the community property is the property of the surviving spouse and his or her sole separate property," and the remaining interest "Is subject to the testamentary disposition of the decedent or, in the absence of such a testamentary disposition, goes to the surviving spouse." The section does not apply to community property with right of survivorship (123.250(2)(b)).

Spouse married after the will. See the marriage rule in 133.110 above.

Children born after the will. Under NRS 133.160(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 to the same share in the estate of the testator as if the testator had died intestate," unless it is apparent from the will that the testator intended no provision, or the testator provided for the child by a transfer outside the will intended to be in lieu of a testamentary provision.

Children omitted from the will generally. Under NRS 133.170, when a child of a testator, or the issue of a deceased child, is omitted from the will, "it must be presumed that the omission was intentional." If the court finds the omission unintentional, the child or issue takes an intestate share.

No-contest clauses. Nevada enforces them strongly. Under NRS 137.005(1), "Except as otherwise provided in subsection 4, a no-contest clause in a will must be enforced, to the greatest extent possible, by the court according to the terms expressly stated in the no-contest clause without regard to the presence or absence of probable cause for, or the good faith or bad faith of the devisee in, taking the action prohibited by the no-contest clause." Under 137.005(3), a will can reduce or eliminate a share for conduct the will describes, including conduct other than formal court action. Subsection 4 lists when the clause must not be enforced, including when a devisee acts to enforce the clear terms of the will, the devisee's legal rights or the personal representative's fiduciary duties, or to obtain court instruction; when the court finds by clear and convincing evidence that the conduct was a product of coercion or undue influence or of a lack of sufficient mental capacity; when a settlement agreement is made; and when a devisee "institutes legal action seeking to invalidate a will if the legal action is instituted and maintained in good faith and based on probable cause" (137.005(4)(d)).

Time to contest a probated will. Under NRS 137.080, after a will has been admitted to probate, an interested person (other than a party to a contest before probate, or a person who had actual notice of it in time to join) may contest the admission or validity of the will "at any time within 3 months after the order is entered admitting the will to probate."

A will declared valid during life. Under NRS 137.007(1), if a declaratory judgment is entered under NRS 30.040(2) during the testator's lifetime declaring a document to be the testator's valid will, "the validity of that will is not subject to challenge after the death of the decedent." The judgment may still be appealed, and evidence that the will was revoked or that the testator executed a valid later will is not barred (137.007(2)).

After a death: delivering the will

Under NRS 136.050(1), "Any person having possession of a will shall, within 30 days after knowledge of the death of the person who executed the will, deliver it to the clerk of the district court which has jurisdiction of the case or to the personal representative named in the will." A named personal representative holding the will must present it to the clerk within 30 days after the death or after learning of being named (136.050(2)). A person who neglects these duties without reasonable cause is liable for resulting damages to anyone interested in the will (136.050(3)), and a person who refuses to produce a will in obedience to a court order may be committed to the county jail until the will is produced (136.060(2)).

Living trusts in Nevada

Creating a trust

Nevada's trust law is in NRS chapters 163 and 164. Under NRS 163.003, "A trust is created only if: 1. The settlor properly manifests an intention to create a trust; and 2. There is trust property, except as otherwise provided in NRS 163.230." Section 163.006 adds that "A trust is created only if there is a beneficiary." If a trust provides for successor beneficiaries after the settlor's death, it is not invalidated, merged or terminated because one settlor is the sole trustee and the sole beneficiary during the settlor's lifetime (163.007(1)). Section 163.002(1) lists the methods: a declaration by the owner that he or she or another person holds the property as trustee; a lifetime transfer to a trustee; a testamentary transfer; the exercise of a power of appointment in trust; or an enforceable promise to create a trust. A declaration may include a signed schedule of trust assets, but it is not required (163.002(2)).

The formalities depend on the property:

• Real property. Under 163.008(1), a trust in relation to real property is not valid unless created by operation of law or evidenced by a written instrument signed by the trustee (or an authorized agent), or by a written instrument, "including, without limitation, an electronic trust, conveying the trust property and signed by the settlor." Under 163.008(3), this does not require an owner's declaration that "specifically identified real property" is held in trust to be in writing.
• Personal property held orally. "The existence and terms of an oral trust of personal property may be established only by clear and convincing evidence. The oral declaration of the settlor, in and of itself, is not sufficient to establish the creation of such a trust" (163.009(1)).
• Electronic trusts. Section 163.0095 allows a trust instrument created and maintained in an electronic record, with the settlor's electronic signature and its date and time, and an authentication method or electronic notarization. The section does not apply to a testamentary trust.

These sections contain no witness requirement for a trust instrument.

Irrevocable unless the power to revoke is reserved

Nevada's default is irrevocability:

"A trust is irrevocable except to the extent that a right to revoke the trust is expressly reserved by the settlor under the terms of the trust instrument. Any authority, power or right granted to any person other than the settlor under the terms of the trust instrument or by law, including, without limitation, the power or right to amend the trust, does not render or make a trust revocable." (NRS 163.004(2))

A living trust intended to be revocable in Nevada therefore depends on an express reservation of the right to revoke in its terms. And under NRS 163.560(1), "If the settlor of any trust specifically declares in the instrument creating the trust that such trust is irrevocable it shall be irrevocable for all purposes, even though the settlor is also the beneficiary of such trust."

Certification of trust

Under NRS 164.400(1), a trustee may present a certification of trust to any person "in lieu of a copy of any trust instrument, to establish the existence or terms of the trust," except in connection with applications for benefits under chapters 422 and 422A. The certification "must be in the form of an affidavit signed and acknowledged by all of the currently acting trustees of the trust" (164.400(2)). It may confirm, among other facts, the trust's existence and date of execution, the settlor and acting trustees, the trustee's powers, and "The revocability or irrevocability of the trust and the identity of any person holding a power to revoke it," and it must state that the trust has not been revoked or amended to make any representation incorrect (164.410). A person who relies on it without knowing it is incorrect "is not liable to any person for so acting" (164.430(1)).

After the settlor dies: the 120-day contest notice

Nevada's trust-contest deadline runs from an optional notice. Under NRS 164.021(1), "When a revocable trust becomes irrevocable because of the death of a settlor or by the express terms of the trust, the trustee may, after the trust becomes irrevocable, provide notice to any beneficiary of the irrevocable trust, any heir of the settlor or to any other interested person." The notice must include the settlor's identity and the date the trust instrument was executed, each trustee's contact information, the dispositive provisions that pertain to the recipient (or a complete copy, or notice that the recipient is not a beneficiary), and a statement in 12-point boldface type: "You may not bring an action to contest the trust more than 120 days from the date this notice is provided to you." (164.021(2)).

The deadline is in 164.021(4): "no person upon whom notice is provided pursuant to this section may bring an action to contest the validity of the trust more than 120 days from the date the notice is served upon the person, unless the person proves that he or she did not receive actual notice." A person may consent in writing to a shorter period, and a person who signs and delivers a waiver of notice "is precluded from bringing any action to contest the validity of the trust" (164.021(4), (6)).

Creditors after the settlor dies

After the settlor of a nontestamentary trust dies, the trustee may publish a notice to creditors and mail a copy to known or readily ascertainable creditors (NRS 164.025(1)). A person with a claim against the settlor or the trust must then file it with the trustee within 90 days after the mailing, for those required to be mailed, or 90 days after the first publication, and "Any claim against a settlor or the trust estate, as applicable, that is not timely filed is forever barred" (164.025(3)). If the trustee knows or has reason to believe the settlor received public assistance, the trustee must give notice within 30 days after the death to the Department of Human Services, or to the Nevada Health Authority if the settlor received Medicaid (164.025(5)).

Trust no-contest clauses

NRS 163.00195(1) applies the same enforcement rule to trusts: a no-contest clause in a trust "must be enforced, to the greatest extent possible, by the court according to the terms expressly stated in the no-contest clause without regard to the presence or absence of probable cause for, or the good faith or bad faith of the beneficiary in, taking the action prohibited by the no-contest clause." Subsection 4 lists the exceptions, which parallel the will exceptions and add actions taken by a beneficiary serving as a trustee or protector exercising a power the trust sets out.

Pour-over wills

Under NRS 163.230(1), a will may make a devise to the trustee of a trust established by the testator or others "if the trust is identified in the testator's will and the terms are set forth in a written instrument other than a will, executed before or concurrently with the execution of the testator's will, or in the valid last will of a person who has predeceased the testator, regardless of the existence, size or character of the corpus of the trust."

The trust instrument must exist before or at the same time as the will. The devise "is not invalid because the trust is amendable or revocable, or both, or because the trust was amended after the execution of the will or after the death of the testator" (163.230(2)). Unless the will provides otherwise, the property becomes part of the trust and is administered under its terms, including amendments made before the testator's death, and amendments made after death only "if the testator's will so provides" (163.230(3)). "A revocation or termination of the trust before the death of the testator causes the devise to lapse" (163.230(4)).

Nevada wills and trusts at a glance

Recent changes

The NRS text cited here is the compilation current through the 2025 legislative session. The electronic-will framework was expanded in 2017, when the Legislature amended 133.085 and added 133.086 (self-proving electronic wills), 133.087 (notarization) and 133.088 (audio-video presence). Section 133.086 and the revocation section, 133.120, were amended again in 2021.

Making a will in practice

The site's free Nevada will-maker tool can help draft a basic will. Whatever produces the document, signing must follow section 133.040 (or 133.090 for a holographic will, or 133.085 for an electronic will), and a living trust intended to be revocable depends on an express reservation of that right under 163.004(2). Complex estates, blended families, community property questions, business interests or tax concerns are reasons to consult a lawyer licensed in Nevada. The tool is not legal advice.

Members of the armed forces have a federal option as well: under 10 U.S.C. 1044d, a military testamentary instrument is exempt from state formalities and has the same legal effect as a will executed under the law of the state where it is presented for probate (see the wills and trusts hub for the federal layer).

Related pages

• Wills and trusts laws by state
• Nevada probate
• Nevada small estate affidavit
• Nevada power of attorney laws

This article provides general legal information about Nevada law on wills and living trusts as of 2026-10-20. It is not legal advice. For advice about a specific situation, contact a lawyer licensed in Nevada or the clerk of the district court in your county.

Last updated: 2026-10-20.

Frequently Asked Questions

How many witnesses does a will need in Nevada?

A will executed in Nevada needs at least two competent witnesses who subscribe their names to the will in the presence of the testator (NRS 133.040). A holographic will that meets 133.090 needs no witnesses, and an electronic will can use one of the three routes in 133.085.

Does a will have to be notarized in Nevada?

No. Section 133.040 does not require a notary. Witnesses can make the will self-proving under 133.050 by signing a declaration under penalty of perjury or an affidavit before a person authorized to administer oaths, which the court accepts as if taken before the court.

Is a handwritten will valid in Nevada?

Yes, if the signature, the date and the material provisions are written by the testator's hand. It does not need to be witnessed or notarized and may be made in or out of Nevada (NRS 133.090).

Are oral wills valid in Nevada?

No. NRS 133.100 states that a nuncupative or oral will is not valid.

Can I make an electronic will in Nevada?

Yes. Under NRS 133.085, an electronic will must be created and maintained in an electronic record and contain the date and the testator's electronic signature, plus an authentication characteristic, an electronic notary's signature and seal, or two attesting witnesses' electronic signatures placed in the testator's presence.

Can witnesses watch a will signing by video in Nevada?

NRS 133.088 provides that, for purposes of the NRS title that contains chapter 133, people in different locations who can communicate by real-time audio-video are deemed to be in each other's presence. Section 133.040 itself says only that witnesses subscribe in the presence of the testator; see the witnessing section above.

Does marriage revoke a will in Nevada?

Yes, as to the new spouse. Under NRS 133.110, if a person marries after making a will and the spouse survives, the will is revoked as to the spouse, who takes an intestate share, unless the spouse was provided for by marriage contract, in or by reference in the will, or by a transfer intended in lieu of a will provision. The rest of the will stays intact to the extent consistent.

Does divorce revoke a will in Nevada?

Divorce or annulment revokes gifts to the former spouse and the spouse's designation as personal representative in a will executed before the decree, unless a court-approved property or separation agreement or a court order provides otherwise (NRS 133.115); the rest of the will stands. Separate sections reach revocable trusts and beneficiary designations; see the divorce section above.

Is a living trust revocable in Nevada?

Only if the settlor expressly reserves the right to revoke in the trust instrument. Under NRS 163.004(2), a trust is irrevocable except to the extent such a right is reserved, and a power to amend given to someone else does not make it revocable.

How long do you have to contest a trust in Nevada?

If the trustee serves the notice described in NRS 164.021 after a revocable trust becomes irrevocable, a person served may not bring an action to contest the trust's validity more than 120 days after service, unless the person proves he or she did not receive actual notice.

Are no-contest clauses enforceable in Nevada?

Generally yes. NRS 137.005 (wills) and 163.00195 (trusts) require courts to enforce them to the greatest extent possible without regard to probable cause, except in listed situations, such as a good-faith action based on probable cause to invalidate the will or trust.

Can a spouse be left out of a will in Nevada?

Nevada protects a surviving spouse through community property rather than an elective share: at death, one-half of the community property is the survivor's separate property, and the decedent's will controls only the other half of the community property (NRS 123.250). A spouse married after the will is protected by NRS 133.110.