Nevada Last Will and Testament

Before the terms of a Nevada last will and testament can be effectuated, the will must be proven in probate court. Probate is the court-supervised process of distributing the estate of a deceased person.

Nevada has five different possibilities for probate administration depending on the value of the estate:

1. Affidavit of entitlement
2. Assets set aside without administration
3. Summary administration
4. Regular administration
5. Independent administration

Intestacy: Dying without a will

Someone who dies without a will is called “intestate,” which invokes the strict laws of intestacy. In Nevada, in the absence of a will, a surviving spouse inherits the entire estate unless the decedent also has children, in which case the spouse receives all of the decedent’s community property and one-half or one-third of separate property. A surviving spouse and parents split the estate if there are no children.

If there is no surviving spouse, descendants, or parents, other relatives, including siblings and grandparents, will inherit depending on the closeness of the relation.

Exceptions to ability to distribute property

Not all property can be distributed according to a will. Some exceptions in Nevada include community property with the right of survivorship and life insurance policy proceeds.

Nevada also provides “support of family,” which provides that the surviving spouse and minor children are entitled to the family homestead and provisions (furniture, clothing, etc.), certain personal property exemptions, and a family allowance if the property set aside is insufficient.

Form a last will in Nevada

The basic requirements for a Nevada last will and testament include the following:

• Age: The testator must be at least 18 years old.
• Capacity: The testator must be of sound mind.
• Signature: The will must be signed by the testator or by an attending person at the testator’s direction.
• Witnesses: A Nevada will must be signed by at least two witnesses who are not beneficiaries in the presence of the testator.
• Writing: A Nevada will must be in writing to be valid.
• Beneficiaries: A testator can leave property to anyone.

Other recognized wills in Nevada

Nevada recognizes holographic (handwritten) and electronic wills that comply with Nevada law regarding such wills.