Usa Nevada

USA Statutes : nevada
Title : Title 12 - WILLS AND ESTATES OF DECEASED PERSONS
Chapter : CHAPTER 133 - WILLS
 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.

      [1:61:1862; B § 812; BH § 3000; C § 3071; RL § 6202; NCL §
9905]—(NRS A 1957, 360)

EXECUTION
 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.

      [3:61:1862; A 1915, 36; 1919 RL § 6204; NCL § 9907]—(NRS A 1999,
2254 ; 2001, 2341 )


      1.  Whether or not the provisions relating to electronic wills and
holographic wills apply, a will may refer to a written statement or list,
including, without limitation, a written statement or list contained 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.

      2.  To be admissible as evidence of the intended disposition, the
statement or list must contain:

      (a) The date of its execution.

      (b) A title indicating its purpose.

      (c) A reference to the will to which it relates.

      (d) A reasonably certain description of the items to be disposed of
and the names of the devisees.

      (e) The testator’s handwritten signature or electronic signature.

      3.  The statement or list may be:

      (a) Referred to as a writing to be in existence at the time of the
testator’s death.

      (b) Prepared before or after the execution of the will.

      (c) Altered by the testator after its preparation.

      (d) A writing which has no significance apart from its effect upon
the dispositions made by the will.

      (Added to NRS by 1983, 198; A 1999, 2254 ; 2001, 2341 )


      1.  Any attesting witness to a 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. The
declaration or affidavit must be written on the will or, if that is
impracticable, on some paper attached thereto. The sworn statement of any
witness so taken must be accepted by the court as if it had been taken
before the court.

      2.  The affidavit described in subsection 1 may be in substantially
the following form:



State of Nevada                                    }

                                                                }ss.

County of............................................. }



                                                                           
     (Date)............................................................



      Then and there personally appeared ................ and
................., who, being duly sworn, depose and say: That they
witnessed the execution of the foregoing will of the testator,
................; that the testator subscribed the will and declared it
to be his last will and testament in their presence; that they thereafter
subscribed the will as witnesses in the presence of the testator and in
the presence of each other and at the request of the testator; and that
the testator at the time of the execution of the will appeared to them to
be of full age and of sound mind and memory.



                                                                           
    
.......................................................................

                                                                           
                                   Affiant

                                                                           
    
.......................................................................

                                                                           
                                   Affiant



Subscribed and sworn to before me

this ...... day of the month of ...... of the year ......



...........................................................................
....

                            Notary Public



      3.  The declaration described in subsection 1 may be in
substantially the following form:

Under penalty of perjury pursuant to the law of the State of Nevada, the
undersigned, .................... and ...................., declare that
the following is true of their own knowledge: That they witnessed the
execution of the foregoing will of the testator,
........................; that the testator subscribed the will and
declared it to be his last will and testament in their presence; that
they thereafter subscribed the will as witnesses in the presence of the
testator and in the presence of each other and at the request of the
testator; and that the testator at the time of the execution of the will
appeared to them to be of full age and of sound mind and memory.

      Dated this ......... day of ................, ............

                                                     Declarant

                                                     Declarant



      [Part 1:21:1953] + [2:21:1953]—(NRS A 1985, 1212; 1999, 2255 ; 2001, 164 , 2342 )
 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 is considered a signature affixed to the will if necessary to
prove the execution of the will.

      (Added to NRS by 1997, 1485; A 1999, 2255 ; 2003, 2508 )
 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 )
 A mere charge on the estate
of the testator for the payment of debts shall not prevent his creditors
from being competent witnesses to his will.

      [Part 4:61:1862; B § 815; BH § 3003; C § 3074; RL § 6205; NCL §
9908]


      1.  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, and is of the same force and
effect as if executed in the manner prescribed by the law of this State.

      2.  This section must be so interpreted and construed as to
effectuate its general purpose to make uniform the law of those states
which enact it.

      3.  As used in this section, “subscribed” includes, without
limitation, placing an electronic signature on an electronic will.

      [1:36:1915; 1919 RL p. 3373; NCL § 9929] + [2:36:1915; 1919 RL p.
3374; NCL § 9930]—(NRS A 1999, 2256 ; 2001, 2343 )


      1.  An electronic will is a will of a testator that:

      (a) Is written, created and stored in an electronic record;

      (b) Contains the date and the electronic signature of the testator
and which includes, without limitation, at least one authentication
characteristic of the testator; and

      (c) Is created and stored in such a manner that:

             (1) Only one authoritative copy exists;

             (2) The authoritative copy is maintained and controlled by
the testator or a custodian designated by the testator in the electronic
will;

             (3) Any attempted alteration of the authoritative copy is
readily identifiable; and

             (4) Each copy of the authoritative copy is readily
identifiable as a copy that is not the authoritative copy.

      2.  Every person of sound mind over the age of 18 years may, by
last electronic will, dispose of all of his estate, real and personal,
but the estate is chargeable with the payment of the testator’s debts.

      3.  An electronic will that meets the requirements of this section
is subject to no other form, and may be made in or out of this State. An
electronic will is valid and has the same force and effect as if formally
executed.

      4.  An electronic will shall be deemed to be executed in this State
if the authoritative copy of the electronic will is:

      (a) Transmitted to and maintained by a custodian designated in the
electronic will at his place of business in this State or at his
residence in this State; or

      (b) Maintained by the testator at his place of business in this
State or at his residence in this State.

      5.  The provisions of this section do not apply to a trust other
than a trust contained in an electronic will.

      6.  As used in this section:

      (a) “Authentication characteristic” means a characteristic of a
certain person that is unique to that person and that is capable of
measurement and recognition in an electronic record as a biological
aspect of or physical act performed by that person. Such a characteristic
may consist of a fingerprint, a retinal scan, voice recognition, facial
recognition, a digitized signature or other authentication using a unique
characteristic of the person.

      (b) “Authoritative copy” means the original, unique, identifiable
and unalterable electronic record of an electronic will.

      (c) “Digitized signature” means a graphical image of a handwritten
signature that is created, generated or stored by electronic means.

      (Added to NRS by 2001, 2340 )


      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.  Every person of sound mind over the age of 18 years may, by
last holographic will, dispose of all of the estate, real or personal,
but the estate is chargeable with the payment of the testator’s debts.

      3.  Such wills are valid and have the same force and effect as if
formally executed.

      [Part 1:111:1895; A 1941, 389; 1931 NCL § 9926] + [2:111:1895; C §
3093; RL § 6224; NCL § 9927]—(NRS A 1959, 21; 1999, 2256 )
 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 )


      1.  A security issued in registered form which contains the words
“transferable on death to” a named person, or equivalent language or
abbreviation, is effective to transfer the interest evidenced by the
security to that person, upon the death of its owner, without compliance
with the formal requirements of this chapter for the execution of wills.

      2.  A security registered in beneficiary form pursuant to NRS
111.480 to 111.650 , inclusive, is effective to transfer the
interest evidenced by the security to the beneficiary at the death of the
owner or the deaths of all multiple owners, without compliance with the
formal requirements of this chapter for the execution of wills.

      3.  As used in this section, “security” and “registered form” have
the meanings ascribed to them in NRS 104.8102 .

      (Added to NRS by 1985, 790; A 1997, 226; 1999, 2256 )

REVOCATION
 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, or unless
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; and no other
evidence to rebut the presumption of revocation shall be received.

      [10:61:1862; A 1947, 84; 1943 NCL § 9914]
 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,

Ê and the will takes effect in the same manner as if the former spouse
had died before the testator.

      (Added to NRS by 1967, 804; A 1999, 2257 )


      1.  A written will may only 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 testator; or

      (b) Another will or codicil in writing, executed as prescribed in
this chapter.

      2.  This section does not prevent the revocation implied by law
from subsequent changes in the condition or circumstances of the testator.

      [8:61:1862; B § 819; BH § 3007; C § 3078; RL § 6209; NCL §
9912]—(NRS A 1999, 2257 )
 If, after
the making of any will, the testator executes a second will, the
destruction, cancellation or revocation of the second will does not
revive the first will, unless it appears by the terms of the revocation
that it was the intention to revive and give effect to the first will, or
unless, after the destruction, cancellation or revocation, the first will
is reexecuted.

      [9:61:1862; B § 820; BH § 3008; C § 3079; RL § 6210; NCL §
9913]—(NRS A 1999, 2257 )

PROPERTY PASSING BY WILL
 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
agreement, for the specific performance or otherwise, against the
devisee, as might be had by law against the heirs of the testator, if the
property had descended to them.

      [12:61:1862; B § 823; BH § 3011; C § 3082; RL § 6213; NCL §
9916]—(NRS A 1999, 2257 )
 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, but the devises therein contained pass subject to the charge or
encumbrance.

      [13:61:1862; B § 824; BH § 3012; C § 3083; RL § 6214; NCL §
9917]—(NRS A 1999, 2257 )
 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 NRS by 1997, 1485; A 1999, 2258 )

KINDRED NOT MENTIONED IN WILL WHO SHARE IN ESTATE
 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 it
was the intention of the testator that no provision should be made for
that child.

      [14:61:1862; B § 825; BH § 3013; C § 3084; RL § 6215; NCL §
9918]—(NRS A 1999, 2258 )
 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
was intentional. Should the court find that the omission was
unintentional, the child, or the issue of the deceased child, is entitled
to the same share in the estate of the testator as if the testator had
died intestate.

      [15:61:1862; B § 826; BH § 3014; C § 3085; RL § 6216; NCL §
9919]—(NRS A 1957, 155; 1999, 2258 )
 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 from the
estate not disposed of by the will, if any. If that is not sufficient, so
much as is necessary must be taken from all the devisees in proportion to
the value they may respectively receive under the will, unless the
obvious intention of the testator in relation to some specific devise or
other provision in the will would thereby be defeated. In that case, the
specific devise or provision may be exempted from the apportionment, and
a different apportionment, consistent with the intention of the testator,
may be adopted.

      [16:61:1862; B § 827; BH § 3015; C § 3086; RL § 6217; NCL §
9920]—(NRS A 1999, 2258 )
 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 under NRS 133.160 , 133.170 and
133.180 .

      [17:61:1862; B § 828; BH § 3016; C § 3087; RL § 6218; NCL §
9921]—(NRS A 1999, 2258 )
 When any estate is devised to any
child or other relation of the testator, and the devisee dies before the
testator, leaving lineal descendants, those descendants, in the absence
of a provision in the will to the contrary, take the estate so given by
the will in the same manner as the devisee would have done if the devisee
had survived the testator.

      [18:61:1862; A 1937, 48; 1931 NCL § 9922]—(NRS A 1999, 2258 )

EFFECT OF CERTAIN PROVISIONS
 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 § 3018; C § 3089; RL § 6220; NCL §
9923]—(NRS A 1999, 2259 )
 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 the will to have been the intention of the testator.

      [20:61:1862; B § 831; BH § 3019; C § 3090; RL § 6221; NCL §
9924]—(NRS A 1960, 423; 1999, 2259 )




USA Statutes : nevada