Disclaimer: This article provides general information about Nevada probate law and is not legal advice. Consult a licensed attorney for advice on your specific situation.
Detailed Answer
Under Nevada law, a valid will must satisfy statutory formalities. According to NRS 133.040, a will must be in writing and signed by the testator (or by another person at the testator’s direction) in the presence of at least two competent witnesses. Notarization is not required for validity, but it simplifies probate by allowing the will to be “self-proved” under NRS 133.070.
If you have a will that was neither witnessed nor notarized, you can still attempt to admit it to probate by taking these steps:
- Locate the Original Will. You must file the original document with the probate court.
- Identify and Summon Witnesses. Track down any person who saw the testator sign the will. Under NRS 133.045, a court may take testimony from one attesting witness or, if only one is available, testimony of that witness plus two credible disinterested witnesses who can confirm the signature and circumstances of signing.
- File a Petition for Probate. File a petition in the district court of the county where the decedent lived. Attach the original will and any affidavits or witness statements. Pay the required filing fee.
- Attend the Formal Hearing. The court will schedule a hearing. Witnesses must testify under oath about the testator’s signature, mental capacity, and freedom from undue influence. If the court is satisfied, it will admit the will to probate, even if it was not notarized or originally self-proved.
- Obtain Letters Testamentary. Once the court admits the will, it issues letters testamentary to the personal representative named in the will. That person gains authority to collect assets, pay debts, and distribute property per the will.
If you cannot produce any attesting witnesses or credible secondary witnesses, the court may refuse to admit the document as a valid will. In that case, the estate will proceed under Nevada’s intestate succession laws (NRS Chapter 134), and property will pass to heirs by statute.
Helpful Hints
- Begin witness searches early. Court dates follow strict timelines under Nev. R. Probate P. 3.
- Gather supporting evidence of the testator’s intent—letters, emails, or draft versions can help.
- Prepare witness affidavits even if notarization wasn’t done initially; you can have witnesses sign under oath before filing.
- Consider a practitioner’s affidavit if a witness is unavailable due to death or incapacity.
- Keep multiple certified copies of the admitted will and letters testamentary for banks, brokers, and government agencies.