2022 Nevada Revised Statutes
Chapter 133 - Wills
NRS 133.340 - Affidavit required upon creation of certified paper original of electronic will; certification of revocation after electronic revocation of will.

1. A qualified custodian may cause an electronic will to be converted into a certified paper original of the electronic will under the following circumstances:

(a) At the direction of the testator; or

(b) Except as otherwise provided in subsection 9, with 30 days’ written notice to the testator that the qualified custodian intends to convert the electronic will into a certified paper original.

2. An electronic will may be converted into a certified paper original by creating a tangible document that contains the following:

(a) The text of the electronic will; and

(b) An affidavit satisfying the requirements of subsections 3, 4 and 5, as applicable.

3. A qualified custodian converting an electronic will into a certified paper original shall state all of the following in an affidavit:

(a) That the qualified custodian is not a person described in paragraph (a) of subsection 1 of NRS 133.320;

(b) That the qualified custodian is the qualified custodian designated by the testator in the electronic will or was designated to act in such a capacity pursuant to subsection 2 or 4 of NRS 133.310;

(c) That an electronic record was created at the time the testator executed the electronic will;

(d) That the electronic record has been in the custody of one or more qualified custodians since the execution of the electronic will, and has not been altered since the time it was created;

(e) The identity of all qualified custodians who have had custody of the electronic record since the execution of the electronic will;

(f) That the certified paper original is a true, correct and complete tangible manifestation of the electronic will; and

(g) That the records described in paragraph (c) of subsection 1 of NRS 133.320 are in the custody of the qualified custodian.

4. In addition to the statements required pursuant to subsection 3, a qualified custodian converting a self-proving electronic will to a certified paper original shall state all of the following in the affidavit:

(a) That the declaration or affidavits of the attesting witnesses satisfying the requirements of NRS 133.050 were created at the time the testator executed the electronic will and were incorporated as part of, attached to or logically associated with the electronic will as required pursuant to NRS 133.086;

(b) That the declarations or affidavits of the attesting witnesses have been in the possession of a qualified custodian since the execution of the electronic will and have not been altered since the time they were created;

(c) The identity of all qualified custodians who have had possession of the declarations or affidavits of the attesting witnesses since their creation; and

(d) That the certified paper original contains a true, correct and complete tangible manifestation of the original declarations or affidavits of the attesting witnesses.

5. If the electronic will has not always been under the custody of a qualified custodian, the person who discovered the electronic will may cause the electronic will to be converted into a certified paper original by creating a tangible document that contains the following:

(a) The text of the electronic will; and

(b) An affidavit that states, to the best of the person’s knowledge:

(1) When the electronic will was created, if not indicated in the electronic will;

(2) When, how and by whom the electronic will was discovered;

(3) The identities of each person who has had access to the electronic will;

(4) The method in which the electronic will was stored and the safeguards in place to prevent alterations to the electronic will;

(5) Whether the electronic will has been altered since its execution; and

(6) That the certified paper original is a true, correct and complete tangible manifestation of the electronic will.

6. For purposes of making an affidavit pursuant to subsection 3, 4 or 5, the person making the affidavit may rely conclusively on any affidavits delivered by a predecessor qualified custodian.

7. If a testator has revoked a will through an electronic record, the qualified custodian may convert the electronic revocation into a certification of revocation by creating:

(a) A certified paper original of the electronic will; and

(b) A tangible document that contains the following:

(1) The text of the electronic revocation; and

(2) An affidavit stating:

(I) That an electronic record was created at the time the testator revoked the will;

(II) That the electronic record has been in the custody of one or more qualified custodians since the execution of the electronic revocation, and has not been altered since the time it was created;

(III) The identity of all qualified custodians who have had custody of the electronic record since the execution of the electronic revocation;

(IV) That the certified paper original is a true, correct and complete tangible manifestation of the electronic revocation; and

(V) That the records described in paragraph (c) of subsection 1 of NRS 133.320 pertaining to the electronic revocation are presently in the custody of the qualified custodian.

8. A certified paper original of an electronic will satisfying the requirements of subsection 2 or 5, as applicable, may be offered for and admitted into probate in the same manner as if it were an original will. A certified paper original of an electronic will is presumed to be valid and, absent any objection, must be admitted to probate expeditiously without requiring further proof of validity.

9. Before the expiration of the 30 days after the qualified custodian gives notice to the testator of the qualified custodian’s intent to convert the electronic will into a certified paper original pursuant to paragraph (b) of subsection 1, if the testator objects to the conversion and designates a successor qualified custodian in accordance with NRS 133.310, the qualified custodian shall not convert the electronic will into a certified paper original and shall instead comply with paragraph (b) of subsection 2 of NRS 133.310.

(Added to NRS by 2017, 3438; A 2021, 966)