How to Confirm a Will Is the Original Under Nevada Law

Disclaimer: This is general information and not legal advice. I am not a lawyer. If you need legal advice about a particular will, contact a Nevada probate attorney.

Detailed Answer

If you have been given a copy of a will and need to confirm whether it is the original, follow these practical and legal steps. Nevada’s probate law treats the original signed instrument as the primary evidence of a testator’s intent. You should try to locate and preserve an original whenever possible because a court prefers an original will when admitting it to probate. For Nevada statutes relevant to wills and probate, see Nevada Revised Statutes, Chapter 133 (Wills):
https://www.leg.state.nv.us/NRS/NRS-133.html.

1. Understand what “original” means

An original will is the single, signed document (on paper, or another accepted medium) bearing the testator’s signature and the required witness attestations (or other lawful execution such as a valid holographic will). Copies (photocopies, scans, photos) are reproductions, even if they look identical. Courts generally require the original for probate unless the original is lost and the court is satisfied of the will’s validity despite the loss.

2. Look for these key signs of an original

• Original ink signatures: witness and testator signatures written in ink rather than printed or pixel patterns from a copier or scanner.
• Witness signatures: Nevada law generally requires a written will to be signed by the testator and witnessed. Check whether the document includes signatures of attesting witnesses (and whether a notarial self-proving affidavit is attached).
• Self-proving affidavit or notary stamp: many wills include a notarized affidavit signed by the testator and witnesses at execution; that affidavit is typically attached to the original and can make probate smoother.
• Paper characteristics and indentations: feel for raised ink or indentations from pen pressure (visible under raking light). Photocopies usually lack the tactile feel of original pen strokes.
• Signs of photocopying: a halftone/grid pattern, slightly blurred or uniform ink, or a lack of sheen where the ink should be.
• Unique markings or date notations that appear handwritten rather than printed.

3. Ask about chain of custody

Ask the person who gave you the document how they obtained it and whether they have the original. Key questions: Was the will kept by the testator, in safe deposit, or with an attorney? Who had access? If the testator is alive, ask them where their original is stored. If deceased, ask the person who produced the document where they found it and whether they saw an original there.

4. Compare to any known exemplars

If you have other documents signed by the testator (e.g., deeds, letters), compare signature style and handwriting characteristics. For a formal comparison you can ask a forensic document examiner, but understand that such an analysis can be costly and may be unnecessary in many cases.

5. Use simple physical checks (first-line screening)

• Hold the paper up to light to see if there are double images, watermarks, or indicators of a photocopy.
• Look for a notary seal impression or embossed seal—many copiers cannot reproduce embossing fully.
• Check for staples, folds, or attachments (an original often has attachments like an affidavit stapled on).

6. If you suspect the document is only a copy

If the document is only a copy and the original exists, try to obtain the original for probate. If the original cannot be found, Nevada courts may admit a copy of a will when the original has been lost or destroyed, but the person seeking probate must provide satisfactory proof of the will’s contents and of the original’s execution. That process can involve testimony from witnesses or other evidence showing the will was validly executed and that the original is lost.

7. What to do next (practical steps)

1. Preserve the document. Do not alter it or handle it unnecessarily. Keep it in a secure place (envelope, folder).
2. Ask the provider for information about where the original is or was last seen.
3. Contact the probate clerk in the county where the testator lived to ask filing requirements and whether an original will must be presented for probate. County court websites and the Nevada courts’ probate resources can help explain local practice.
4. If necessary, seek a probate attorney to help with probate filing, lost-original procedures, and challenges. An attorney can advise how to present evidence so a court will accept a copy if the original cannot be found.

8. Nevada-specific legal notes

Nevada’s statutory provisions on wills and probate are located in NRS Chapter 133. That chapter describes what makes a will valid, the function of witness attestations, and related rules. You can read the full chapter here: https://www.leg.state.nv.us/NRS/NRS-133.html. For practical probate forms and local filing information, see the Nevada courts’ probate resources.

If the original is lost and you must ask a court to admit a copy, expect to provide testimony or other evidence about the original document’s execution and about efforts to find the original. The clerk or a probate attorney can explain the specific proofs a Nevada court will require.

Helpful Hints

• Do not try to “clean up” or fix a document—changes can be interpreted as tampering.
• If the will has a notary or a self-proving affidavit attached, that increases confidence it’s an original. Photocopies of a self-proving affidavit are less persuasive than an original affidavit.
• Keep a clear record of who gave you the document and when. Document chain-of-custody facts in writing or by email.
• If you suspect fraud or forgery, contact a probate attorney promptly. Forensic document examination can be used when disputed authenticity is likely to be litigated.
• If the testator is alive and competent, ask them directly where the original will is stored and whether they want to re-execute a new will with witnesses or place the original in safe deposit or with an attorney.
• If you must proceed to probate with only a copy, act quickly to gather witness testimony and other evidence while memories are fresh.

Where to Find More Information

• Nevada Revised Statutes, Chapter 133 (Wills): https://www.leg.state.nv.us/NRS/NRS-133.html
• Nevada Courts — Probate resources and forms: check your county’s probate clerk page or the Nevada Judiciary site for forms and filing instructions.

If you want, tell me whether the testator is alive or deceased, whether the document has witness signatures or a notary, and where you found the document. I can then give more tailored next steps and common documents to present to a probate clerk or lawyer.