How to Write a Will in Nevada

By Beverly Bird

You may legally write a will in Nevada if you are older than 18 years of age and of sound mind, which basically means that you know you're writing a will and understand what's in it. The will must be in written or electronic form. Nevada does not accept nuncupative wills, also called oral or deathbed wills.

Step 1

Inventory your assets. Identify which property belongs in your will and which does not. For instance, if you have a life insurance policy that names your daughter as beneficiary, this is a “non-probate” asset and does not need to be in your will. Only property that does not pass directly to someone else by way of title or contract, such as certain real estate or retirement benefits, is disbursed in your last will and testament.

Step 2

Create a list of who you want to name as beneficiaries in your will. Decide who is going to receive what property and assets. Nevada allows you to attach a separate property list to your will for smaller items of specific property, such as items of jewelry, furniture or collections. It must include the date you are making it, a reference to the will it is to be appended to, a detailed description of each item of property and who you are giving it to, and your signature.

Protect your loved ones. Start My Estate Plan

Step 3

Decide who you want to settle your estate after your death. This is your personal representative, also called an executor or administrator. Choose an alternate, as well, in case the first person predeceases you or does not want to serve. Speak to each of them to get their consent to act in this position.

Step 4

Select a guardian to care for your minor children, if any, after your death, and make sure she is willing to do this. In most cases, your children's other parent will raise them when you pass away, but you should prepare for the eventuality that he might predecease you or that you die together.

Step 5

Prepare your will to include your bequests, property list, personal representative and guardian. You can pay an attorney to do this or download a statutory form from the Internet, but make sure the form is unique to Nevada so it includes the appropriate language for the state. Nevada also allows electronic and holographic, or handwritten, wills. If you write your will by hand, the signature, date, bequests and all named parties must be in your penmanship. If you do your will electronically, it must include at least one authentic identifier, such as an electronic copy of your fingerprint or a voice recognition component. Store it to an electronic file in such a way that any alteration is readily apparent.

Step 6

Gather your witnesses to watch you sign your will and to sign it themselves. Nevada requires two witnesses, except for holographic or electronic wills, which do not have to be witnessed. You can also "self-prove" your will at this time. This involves a second declaration, signed by you and your witnesses, notarized and attached to your will. The declaration attests that the will is authentic so your witnesses will not have to appear in court after your death to testify to that.

Protect your loved ones. Start My Estate Plan
How do I Create a Basic Will in Maine?

References

Related articles

How to Make Changes to Wills in Georgia

If you live in Georgia, you may make changes to your will by executing a codicil. A codicil must comply with Georgia law regarding will formalities. In other words, a codicil requires a mentally competent "testator," or will maker, and two mentally competent witnesses to be valid in Georgia.

How to Appoint Co-Agents for a Power of Attorney in DC

If you do not want to choose between two people to be your agents for a power of attorney in Washington D.C., you can appoint both as co-agents. This can also be a good option if one of the agents is often out of town or otherwise unavailable to act on your behalf. The process is similar to appointing one agent, but you will need to make some modifications to the power of attorney document.

How to Write an Affidavit in a Will

If you include an affidavit with your will, it can potentially save your loved ones a lot of problems and aggravation at a time when they're already grieving. An affidavit "self-proves" your will. The term can differ a little by state law – for example, in Maryland, this affidavit is known as a "Proof of Execution of Will." Regardless of the name, however, writing one involves memorializing or confirming the circumstances of your will signing.

LegalZoom. Legal help is here. Start Here. Wills. Trusts. Attorney help.

Related articles

Can You Write Your Own Divorce and Just Have It Notorized in the State of Pennsylvania?

Most states -- including Pennsylvania -- go out of their way to allow spouses to divorce according to their own terms. ...

Preparing a Will in Ohio

Most states require wills to be in a printed format, and signed by witnesses as well as the testator, or the person to ...

How to Create a Will in Maryland

Seven out of 10 Americans die without a will, according to the University of Maryland’s Maryland Cooperative Extension. ...

How to Create a Will in Massachusetts

To create a will in Massachusetts, you follow much the same procedures as you would in any other state. You must ask ...

Browse by category
Ready to Begin? GET STARTED