If you haven’t put together your estate plan yet, what’s stopping you? For many individuals, the reason they drag their feet on creating their Will is the perception that it’s too pricey or too difficult. What if we told you this is no longer the case? Thanks to technology and the modernization of relevant laws, you can now create your Will and other estate planning documents online, making the process more convenient and affordable.
The overall process of creating Wills is similar from state to state, but the specific requirements often vary. This is because the laws that govern estate plans and Wills are created by state governments instead of the federal government. If you plan to make an online Will in Nevada, then you must take care to satisfy the requirements set forth by Nevada statutes in order for your Will to be valid. This guide will provide an overview of what you need to know about making a Will online in the Silver State.
What You Need to Know About Making a Will Online in Nevada
The process of creating a valid Will in Nevada is set forth by state statutes. The laws regarding the execution of a Will can be found in the Nevada Revised Statutes, Chapter 133 - Wills §§ 133.040 - 133.100.
An online Will is recognized by Nevada probate courts so long as the above-cited legal requirements are satisfied. Trust & Will breaks down these legal requirements over the next several sections by answering some frequently asked questions on the topic.
How Much Does a Will Cost in Nevada?
On average, you can expect to spend roughly $300 to $1,000 on a Will in Nevada. These are estimates that vary depending on three factors: method of execution, attorney fees, and complexity of the estate.
For example, an individual with a particularly robust or complex estate plan with special provisions may hire one of the most experienced estate planning attorneys in the state. This person’s estate planning costs will likely be in the higher range. The cost may even rise to several thousand dollars if they wish to establish a Trust.
However, most individuals have a relatively simple estate with straightforward objectives. Trust & Will’s online estate planning platform provides Nevada residents with an affordable alternative. You can create your state-specific online Will through our platform at a fraction of the cost.
Are Online Wills Valid in Nevada?
Yes, both online Wills and eWills are legal in Nevada
On July 1, 2017, the Silver State signed into law an electronic Will statute and became one of the first U.S. states to legally recognize Wills that are drafted, signed, and even witnessed and notarized electronically and virtually. NRS 133.085 addresses the execution of electronic Wills specifically. Trust & Will provided full coverage on this historic news on Nevada eWills, which you can read here.
This means that not only can residents of the Silver State create their Wills online, they may also witness, execute, and notarize their Wills electronically. Prior to this revision to the estate planning statutes, a Will could be created online but still had to be printed on paper, signed, and witnessed physically. Today, an eWill can remain in its digital format from end to end, never having to be reduced to paper.
With this exciting news in mind, here are the legal requirements for making an online Will:
You must be at least 18 years old
You must be of sound mind
The Will must be in writing
You must sign the Will before two competent witnesses
For electronic or digital-only Wills, the above legal requirements remain unchanged. To make a valid eWill in Nevada, these additional requirements must be followed:
Must be created and maintained as a digital record
Must contain the Testator’s electronic signature and date of signature, which must be accompanied by one of the following: handwritten signature that is digitally uploaded; authentic characteristic such as a fingerprint, video or voice recording, retinal scan, or other proof that the electronic signature belongs to the Testator
Must contain the electronic signature and seal from a notary public
Electronic signatures of the two witnesses who place said signatures in the presence of the Testator and vice versa
Nevada also allows Testators to sign their electronic Wills in front of a notary public in place of two witnesses if they so wish. The Silver State also allows remote online notarization (RON). You can utilize audio-visual services to connect with a notary public remotely to digitally sign your eWill.
Can I Make My Own Will in Nevada?
Yes, you can make your own Will in Nevada. Individuals can write their own Will, called a holographic Will, so long as the Will itself (material provisions), data, and signature are all in the Testator’s own handwriting.
However, writing your Will on your own may leave you vulnerable to errors and pitfalls that could render your wishes legally unenforceable. Instead, we highly recommend obtaining professional estate planning support. Some individuals choose not to work with an attorney for specific reasons, such as wanting to keep their private information to themselves, or finding attorney fees cost-prohibitive.
Whatever the reason may be, an alternative solution to consider is creating a Will using a trustworthy platform. For example, Trust & Will’s estate planning platform offers state-specific estate plans so you can have peace of mind knowing that your Will is compliant in Nevada and will satisfy your desired objectives. We also offer bank-level security to protect your private information.
What makes a Valid Will in Nevada?
The following outlines the legal requirements for a valid online Will in Nevada:
The Will must be in writing.
The Testator (the person writing the Will) must be at least 18 years old and be of sound mind.
The Will must be signed by the Testator before two witnesses (may be before a notary public in the case of an eWill.)
Must be signed by two competent witnesses.
Do I Need a Lawyer to File a Will in Nevada?
No, you do not need a lawyer to file a Will in Nevada. Generally speaking, Silver State laws do not require you to hire a lawyer to create or execute a valid Will. However, you may want to consult an estate planning professional for advice if you have a large estate or special conditions that you wish to meet.
Otherwise, making your Will online is a reliable and convenient option. This is especially so when your wishes are straightforward and your estate is relatively simple. Trust & Will’s online estate planning platform will guide you through the process of creating and executing a Will that is compliant in your state.
How Do I Sign an Online Will in Nevada?
Here are the steps to follow for signing and finalizing your online Will in Nevada:
Print out your Will unless it is electronic
Sign your Will in the presence of two witnesses (can be an electronic signature)
Have your two witnesses sign the Will in your presence
Optional: Attach a notarized affidavit to make your Will self-proving
Once you complete the steps above, you will have a legal and valid Will in Nevada.
Do Wills in Nevada Need to be Notarized?
No, a Will does not need to be notarized in Nevada. While it is optional, it’s an encouraged step to make your Will “self-proving.”
During the notarization (online or physical), you and your witnesses will confirm your identities and make sworn statements. An affidavit is signed, notarized, and attached to the Will. This process proves that the notary knows who you are and confirms that each person was aware that they were signing the Will.
If the Will is self-proving, then the probate court won’t have to call upon the witnesses to testify regarding the Will’s validity. This can help minimize potential issues and allow the probate process to proceed more quickly.
Now that Nevada has enabled the recognition of both eWills and remote online notarization (RON), getting your Will notarized is even easier. Trust & Will has partnered with Notarize, a trusted online notary service to allow for the seamless notarization of eWills online.
How Many Witnesses Are Required for a Will in Nevada?
In Nevada, two witnesses are required for executing a Will. The probate code requires that these two witnesses are adults over the age of 18 and who are mentally competent. Neither of your witnesses should be “interested parties” or beneficiaries named in your Will. This could invalidate their inheritances or otherwise lead to challenges or claims against the validity of the Will. At a minimum, doing so can further delay the probate process. It is generally advised to select disinterested parties as your witnesses, even if your state’s regulations don’t expressly forbid it.
How to Create Nevada Last Will and Testament Online
Nevada now recognizes eWills, making the online Will creation process even more seamless. Once you create your Will, you no longer have to print it out if you wish to maintain an electronic or digital format. This will provide a much more convenient and affordable alternative to estate planning the traditional way.
With this in mind, here is an overview of the steps of creating an online Will in Nevada:
Select a trusted online estate planning platform, service, or template.
Draft your Will
Review and finalize your Will
Sign the Will (digital signature allowed) in the presence of two witnesses
Obtain signatures from your witnesses
Get your Will notarized if you want it to be self-proving (electronic/remote allowed)
Store your Will in a secure storage space online, such as a digital vault
Review and revise your Will regularly
In the case of an eWill, the Silver State allows Testators to sign their Will before a notary instead of two witnesses if they wish.
What Can I Include in an Online Will in Nevada?
Here are some ideas on what can be included in your online Will:
An inventory of your property and assets
A list of your Beneficiaries
Gifts made to specific individuals or organizations
Your nominated Executor who should handle your estate
A Guardian for any minor or dependent children (or pets)
A named individual to manage property for dependent children
Last wishes regarding your remains, funeral, burial, cremation, etc.
Any final instructions or notes for loved ones
The contents of a Last Will and Testament vary widely based on an individual’s personal circumstances, as well as the objectives they wish to achieve. Must estate planning platforms such as Trust & Will will guide you through a series of questions and prompts to help create a Will customized to your unique needs.
Create Your Online Will in Nevada Today
Nevada is one of the first U.S. states to allow its residents to create both online Wills and electronic Wills. Online Wills are Wills that are created online, but are eventually printed on paper for signing and witnessing. Electronic Wills remain in digital format from start to finish, and are never reduced to paper. They utilize audio-visual conferencing tools and electronic signatures.
Regardless of the method you choose, one thing remains unchanged. The key to successfully creating an online Will in Nevada is making sure that you satisfy state-specific requirements. Creating your Will online, no matter your location, is a convenient and affordable alternative to working with an estate planning attorney. This guide provided an overview of the online Will requirements in the Silver State that you should be aware of.
At Trust & Will, we’re here to help keep things simple. You can create a fully customizable, state-specific estate plan from the comfort of your own home in just 20 minutes. Take our free quiz to see where you should get started, or compare our different estate planning and settlement options today!
Trust & Will is an online service providing legal forms and information. We are not a law firm and we do not provide legal advice.
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