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Do you know what you want to happen to all of your possessions after you die? If you’ve worked hard for your possessions, then you have probably thought about who you would like to get what. If you want to make it official, though, then you need to make a will. A will is a legal document that says how your property is to be distributed after you die.
Each state has its own laws regarding wills. If you live in Nevada, then this article is for you. Here, we’ll discuss the step-by-step process of making a will in Nevada.
A living trust and a last will and testament are both tools that you can use in Nevada for your end-of-life planning. In Nevada, a living trust is “an interest in property held by one person for the benefit of another, established by an instrument executed during the life of the settlor.” ( Nevada Legislature ) The settlor is the person who creates the trust.
A living trust may offer a number of benefits when compared with a last will and testament. Both tools distribute your property. However, a trust does not have to go through probate. Probate is the court-supervised process where a will is verified and property is distributed. Probate can take months and even years to complete.
Additionally, once a will is filed for probate it is public record. This means that anyone can see the contents of the will. A trust avoids probate, thus saving time and ensuring that the privacy of the trust is maintained.
The decision to use one or the other is personal and depends on your planning goals. In some instances, a person may choose to use both a living trust and a last will and testament to achieve their goals.
Each state allows you to use different types of wills. In Nevada, you can use the following types of wills:
For a will to be valid in Nevada, the person making the will (called the testator) must be of sound mind and over the age of 18 years. The requirements for a will to be valid in Nevada differ depending on the type of will, and they include those requirements discussed below.
A written will is valid in Nevada if it meets the following requirements:
In Nevada, a holographic (handwritten) will is valid if the following are written by the hand of the testator:
A holographic will neither has to be witnessed nor notarized to be valid.
In Nevada, a valid electronic will is a will that is “created and maintained in an electronic record.” It also contains the “date and the electronic signature of the testator and which includes, without limitation, at least one of the following:
In Nevada, a foreign will is valid if it is:
If you live in Nevada and have questions about whether or not a will is valid, then you should ask an estate planning attorney licensed to practice law in Nevada. The attorney can answer your questions and draft a valid will for you if necessary.
The cost of making a will in Nevada depends on how you make your will. Your options for making your will are to make it on your own or to hire an attorney to make your will.
If you make your will on your own, the cost depends on whether you write the will yourself or use an online will maker . If you write the will yourself, then the cost will be your time and any writing supplies (pen, paper, ink, etc.).
If you write the will using an online will maker, then the cost can still vary depending on the online will maker program. Costs for an online will maker can range from free to several hundred dollars.
Tip: Cake’s online Will Maker tool makes it easy to create your will while staying within your budget.
Alternatively, you can hire an attorney to make your will. How an attorney charges is up to the discretion of the attorney. Some attorneys charge a flat fee to make a will. Other attorneys charge by the hour. The cost of hiring an attorney will depend on how the attorney charges, how much the attorney charges, and the complexity of the estate. A simple will generally costs less than a complex will.
When making a will, it is your responsibility to understand how you will be charged. If you are concerned about cost, you should consider an online will maker. You may also want to check with the State Bar of Nevada and ask about free or discounted legal services.
The choice between an online will maker or an estate planning attorney is a personal decision. What is right for you depends on your budget, your comfort level creating a will, and the complexity of your estate. An online will maker is best for simple wills. Conversely, more complicated estates require an attorney.
What is considered simple versus complicated depends on a number of factors. If you are wondering if your estate may be complicated, then consider the following questions:
If you answered yes to any of the above questions, then your estate may be complicated, and you should probably consult an attorney. Even if your estate is simple, you can still hire an attorney.
It is possible to create a will in Nevada without a lawyer. Online will makers are very popular for creating wills, especially if you have a simple estate. If you’re creating a will in Nevada with an online will maker, utilize the following steps.
Before you begin creating your will, you should put thought into your will. Think about who you want to get what and who you want to name as your personal representative.
You should gather and verify basic information before you create your will. If you’re making specific gifts, you need to know what property you own and how you own it. Now is a great time to check your ownership documents. You may also want to confirm the names of anyone you are naming in your will.
There are a number of different online will makers available. You need to select one. If you want a simple and affordable online will maker, consider Cake’s Will Maker tool .
Once you have selected an online will maker, simply follow its directions to complete the will drafting process. If you are not happy with the online will maker you can always choose a different program or hire an attorney.
How you sign and witness the will depends on whether you print out the completed will or want to execute the will electronically. Check the requirements for a will to be valid in Nevada discussed in the previous section.
If you have any questions or issues creating your will, you should contact an estate planning lawyer. It is better to ask questions and address any issues now than to leave your family to deal with unresolved issues after your death.
The steps for creating a will in Nevada with a lawyer are similar to the steps for creating a will with an online will maker. When you create a will in Nevada with a lawyer you still need to do the following:
When you create a will in Nevada with a lawyer, you need to select a lawyer. There is no right or wrong way to select a lawyer. Many people ask a trusted friend or family member for recommendations. The State Bar of Nevada also provides a lawyer referral service for people who need to find a lawyer.
Once you’ve selected a lawyer, you should meet with the lawyer and follow their instructions. Instead of the online will maker drafting your will, the lawyer drafts your will. Even if you have a lawyer draft your will, you should still review the document and ensure it says what you want it to say.
The requirements to make a will legal in Nevada vary depending on the type of will. But as a general rule, a will must be in writing, handwritten, or prepared and signed electronically.
Your also need to sign your will in front of two witnesses who are not beneficiaries of the will. The two witnesses must sign the will in your presence, as well.
Every day, your life changes. Some of these changes are big and some of these changes are small. Whenever you experience a big life change like any of the following you should check your will:
If after you check your will you realize that you need to update your will, don’t panic. You can update an existing will by writing a codicil. In Nevada, a codicil is “an addition to a will that may modify or revoke one or more provisions of the will, or add one or more provisions to the will.”
You write a codicil the same way that you write a will. To be valid, the codicil must be “signed with the same formalities as a witnessed will, electronic will or holographic will.”
Just because you are happy with a will now, that doesn’t mean that you are going to be happy with your will in the future. In Nevada, it’s possible to revoke all or part of a will by the following methods.
In Nevada, if “a person marries after making a will and the spouse survives the maker, the will is revoked as to the spouse” unless any of the following occur:
If you get divorced or your marriage is annulled, then that most likely revokes any part of your will that applies to your former spouse. Even the designation of your spouse as a personal representative is most likely revoked. The personal representative is the person you name in your will to be in charge of administering your estate.
In Nevada, a written will (other than an electronic will) may only be revoked by another will or codicil in writing or an electronic will. It may also be revoked by the “testator, or by some person in the presence and at the direction of the testator” doing any of the following with the intention of revoking the will:
In Nevada, an electronic will may only be revoked by another will, codicil, electronic will, or other writing.
It may also be revoked by the “testator or a person in the presence and at the direction of the testator” or “[i]f the will is in the custody of a qualified custodian, the qualified custodian at the direction of a testator in an electronic will.”
If you have questions about revoking a will, you should consult an estate planning attorney. The attorney can answer your questions. If you need help revoking a will, the attorney can assist with that as well.
If you are making a will in Nevada, you most likely have a lot of questions. Here are answers to frequently asked questions about making a will in Nevada.
No, you do not need to notarize a will in Nevada to make it valid.
Yes, a holographic will (handwritten will) is legal in Nevada.
In Nevada, what happens to your will after you die depends on what you do with your will while you are alive. After you make your will, you should store it in a safe place and let your personal representative or trusted family member know where it is located.
If you do this, then after you die your personal representative can locate the will and file it for probate. This means that the court can validate the will, and your property can be transferred in accordance with your wishes.
Unfortunately, not everyone stores their will in a safe place and lets a trusted person know where the will is located. In that instance, a will can remain lost. If the family knows about the will, then they may have to use their time and energy trying to find the will.
If the family does not know about the will, then they may submit the estate for probate without a will. This means that your estate would be distributed in accordance with the laws of the state of Nevada and not your wishes.
Now that you know how to write a will and how wills work you can write your will and make it official. Your wishes are important, even after you die. Let your family and friends know your wishes for your property by making a will.
1. “NRS: Chapter 132 - Wills.” Nevada Legislature , Leg.state.nv.us.
