2005 Nevada Revised Statutes - Chapter 133 — Wills

CHAPTER 133 - WILLS

WHO MAY MAKE A WILL

NRS 133.020 Soundmind; age.

EXECUTION

NRS 133.040 Validwills: Requirements of writing, subscription, witnesses and attestation.

NRS 133.045 Dispositionof certain tangible personal property by reference to list or statement;requirements.

NRS 133.050 Attestingwitnesses may sign self-proving declarations or affidavits to be attached towill.

NRS 133.055 Signatureaffixed to self-proving affidavit or declaration that is attached to willconsidered signature affixed to will.

NRS 133.060 Deviseto subscribing witness.

NRS 133.070 Creditorsas witnesses.

NRS 133.080 Foreignexecution.

NRS 133.085 Electronicwill.

NRS 133.090 Holographicwill.

NRS 133.100 Nuncupativeor oral will invalid.

NRS 133.105 Transferof security issued in registered form or beneficiary form effective withoutcompliance with formal requirements of chapter.

REVOCATION

NRS 133.110 Revocationby marriage; effect upon rights of surviving spouse.

NRS 133.115 Revocationof provisions in favor of former spouse on divorce or annulment; exceptions.

NRS 133.120 Othermeans of revocation.

NRS 133.130 Effectof revocation of subsequent will.

PROPERTY PASSING BY WILL

NRS 133.140 Agreementsof testator.

NRS 133.150 Chargesor encumbrances upon estate.

NRS 133.155 Specificdevise passes subject to mortgage or lien existing on date of death.

KINDRED NOT MENTIONED IN WILL WHO SHARE IN ESTATE

NRS 133.160 Rightsof child born after making of will by parent of child.

NRS 133.170 Omissionof child or grandchild presumed intentional; rights of child or grandchild ifomission found unintentional.

NRS 133.180 Sourcesof unmentioned childs share.

NRS 133.190 Effectof advancements.

NRS 133.200 Deathof devisee.

EFFECT OF CERTAIN PROVISIONS

NRS 133.210 Deviseof real property.

NRS 133.220 Interestsacquired after execution of will.

_________

WHO MAY MAKE A WILL

NRS 133.020 Soundmind; age. Every person of sound mind, overthe age of 18 years, may, by last will, dispose of all his or her estate, realand personal, the same being chargeable with the payment of the testatorsdebts.

[1:61:1862; B 812; BH 3000; C 3071; RL 6202;NCL 9905](NRS A 1957, 360)

EXECUTION

NRS 133.040 Validwills: Requirements of writing, subscription, witnesses and attestation. No will executed in this State, except such electronicwills or holographic wills as are mentioned in this chapter, is valid unless itis in writing and signed by the testator, or by an attending person at thetestators express direction, and attested by at least two competent witnesseswho subscribe their names to the will in the presence of the testator.

[3:61:1862; A 1915, 36; 1919 RL 6204; NCL 9907](NRS A 1999,2254; 2001, 2341)

NRS 133.045 Dispositionof certain tangible personal property by reference to list or statement;requirements.

1. Whether or not the provisions relating toelectronic wills and holographic wills apply, a will may refer to a writtenstatement or list, including, without limitation, a written statement or listcontained in an electronic record, to dispose of items of tangible personalproperty not otherwise specifically disposed of by the will, other than money,evidences of indebtedness, documents of title, securities and property used ina trade or business.

2. To be admissible as evidence of the intendeddisposition, the statement or list must contain:

(a) The date of its execution.

(b) A title indicating its purpose.

(c) A reference to the will to which it relates.

(d) A reasonably certain description of the items to bedisposed of and the names of the devisees.

(e) The testators handwritten signature or electronicsignature.

3. The statement or list may be:

(a) Referred to as a writing to be in existence at thetime of the testators death.

(b) Prepared before or after the execution of the will.

(c) Altered by the testator after its preparation.

(d) A writing which has no significance apart from itseffect upon the dispositions made by the will.

(Added to NRS by 1983, 198; A 1999, 2254; 2001, 2341)

NRS 133.050 Attestingwitnesses may sign self-proving declarations or affidavits to be attached towill.

1. Any attesting witness to a will may sign adeclaration under penalty of perjury or an affidavit before any personauthorized to administer oaths in or out of the State, stating such facts asthe witness would be required to testify to in court to prove the will. Thedeclaration or affidavit must be written on the will or, if that isimpracticable, on some paper attached thereto. The sworn statement of anywitness so taken must be accepted by the court as if it had been taken before thecourt.

2. The affidavit described in subsection 1 may be insubstantially the following form:

 

State of Nevada }

}ss.

County of............................................. }

 

(Date)............................................................

 

Then and there personally appeared ................ and................., who, being duly sworn, depose and say: That they witnessedthe execution of the foregoing will of the testator, ................; that thetestator subscribed the will and declared it to be his last will and testamentin their presence; that they thereafter subscribed the will as witnesses in thepresence of the testator and in the presence of each other and at the requestof the testator; and that the testator at the time of the execution of the willappeared to them to be of full age and of sound mind and memory.

 

.......................................................................

Affiant

.......................................................................

Affiant

 

Subscribed and sworn to before me

this ...... day of the month of ...... of the year ......

 

...............................................................................

Notary Public

 

3. The declaration described in subsection 1 may be insubstantially the following form:

Under penalty of perjury pursuant to the law of the State ofNevada, the undersigned, .................... and ...................., declarethat the following is true of their own knowledge: That they witnessed theexecution of the foregoing will of the testator, ........................; thatthe testator subscribed the will and declared it to be his last will andtestament in their presence; that they thereafter subscribed the will aswitnesses in the presence of the testator and in the presence of each other andat the request of the testator; and that the testator at the time of theexecution of the will appeared to them to be of full age and of sound mind andmemory.

Dated this ......... day of ................,............

Declarant

Declarant

 

[Part 1:21:1953] + [2:21:1953](NRS A 1985, 1212; 1999, 2255; 2001, 164, 2342)

NRS 133.055 Signatureaffixed to self-proving affidavit or declaration that is attached to willconsidered signature affixed to will. Asignature affixed to a self-proving affidavit or a self-proving declarationthat is attached to a will and executed at the same time as the will isconsidered a signature affixed to the will if necessary to prove the executionof the will.

(Added to NRS by 1997, 1485; A 1999, 2255; 2003, 2508)

NRS 133.060 Deviseto subscribing witness. All devises in a willto a subscribing witness are void unless there are two other competentsubscribing witnesses to the will.

[Part 4:61:1862; B 815; BH 3003; C 3074; RL 6205; NCL 9908](NRS A 1999, 2255)

NRS 133.070 Creditorsas witnesses. A mere charge on the estate ofthe testator for the payment of debts shall not prevent his creditors frombeing competent witnesses to his will.

[Part 4:61:1862; B 815; BH 3003; C 3074; RL 6205; NCL 9908]

NRS 133.080 Foreignexecution.

1. If in writing and subscribed by the testator, alast will and testament executed outside this State in the manner prescribed bythe law, either of the state where executed or of the testators domicile,shall be deemed to be legally executed, and is of the same force and effect asif executed in the manner prescribed by the law of this State.

2. This section must be so interpreted and construedas to effectuate its general purpose to make uniform the law of those stateswhich enact it.

3. As used in this section, subscribed includes,without limitation, placing an electronic signature on an electronic will.

[1:36:1915; 1919 RL p. 3373; NCL 9929] +[2:36:1915; 1919 RL p. 3374; NCL 9930](NRS A 1999, 2256; 2001, 2343)

NRS 133.085 Electronicwill.

1. An electronic will is a will of a testator that:

(a) Is written, created and stored in an electronicrecord;

(b) Contains the date and the electronic signature ofthe testator and which includes, without limitation, at least oneauthentication characteristic of the testator; and

(c) Is created and stored in such a manner that:

(1) Only one authoritative copy exists;

(2) The authoritative copy is maintained andcontrolled by the testator or a custodian designated by the testator in theelectronic will;

(3) Any attempted alteration of theauthoritative copy is readily identifiable; and

(4) Each copy of the authoritative copy isreadily identifiable as a copy that is not the authoritative copy.

2. Every person of sound mind over the age of 18 yearsmay, by last electronic will, dispose of all of his estate, real and personal,but the estate is chargeable with the payment of the testators debts.

3. An electronic will that meets the requirements ofthis section is subject to no other form, and may be made in or out of thisState. An electronic will is valid and has the same force and effect as ifformally executed.

4. An electronic will shall be deemed to be executedin this State if the authoritative copy of the electronic will is:

(a) Transmitted to and maintained by a custodiandesignated in the electronic will at his place of business in this State or athis residence in this State; or

(b) Maintained by the testator at his place of businessin this State or at his residence in this State.

5. The provisions of this section do not apply to atrust other than a trust contained in an electronic will.

6. As used in this section:

(a) Authentication characteristic means acharacteristic of a certain person that is unique to that person and that iscapable of measurement and recognition in an electronic record as a biologicalaspect of or physical act performed by that person. Such a characteristic mayconsist of a fingerprint, a retinal scan, voice recognition, facialrecognition, a digitized signature or other authentication using a unique characteristicof the person.

(b) Authoritative copy means the original, unique,identifiable and unalterable electronic record of an electronic will.

(c) Digitized signature means a graphical image of ahandwritten signature that is created, generated or stored by electronic means.

(Added to NRS by 2001, 2340)

NRS 133.090 Holographicwill.

1. A holographic will is a will in which thesignature, date and material provisions are written by the hand of thetestator, whether or not it is witnessed or notarized. It is subject to noother form, and may be made in or out of this State.

2. Every person of sound mind over the age of 18 yearsmay, by last holographic will, dispose of all of the estate, real or personal,but the estate is chargeable with the payment of the testators debts.

3. Such wills are valid and have the same force andeffect as if formally executed.

[Part 1:111:1895; A 1941, 389; 1931 NCL 9926] +[2:111:1895; C 3093; RL 6224; NCL 9927](NRS A 1959, 21; 1999, 2256)

NRS 133.100 Nuncupativeor oral will invalid. A nuncupative or oralwill is not valid.

[5:61:1862; B 816; BH 3004; C 3075; RL 6206;NCL 9909](NRS A 1999,2256)

NRS 133.105 Transferof security issued in registered form or beneficiary form effective withoutcompliance with formal requirements of chapter.

1. A security issued in registered form which containsthe words transferable on death to a named person, or equivalent language orabbreviation, is effective to transfer the interest evidenced by the securityto that person, upon the death of its owner, without compliance with the formalrequirements of this chapter for the execution of wills.

2. A security registered in beneficiary form pursuantto NRS 111.480 to 111.650, inclusive, is effective totransfer the interest evidenced by the security to the beneficiary at the deathof the owner or the deaths of all multiple owners, without compliance with theformal requirements of this chapter for the execution of wills.

3. As used in this section, security and registeredform have the meanings ascribed to them in NRS104.8102.

(Added to NRS by 1985, 790; A 1997, 226; 1999, 2256)

REVOCATION

NRS 133.110 Revocationby marriage; effect upon rights of surviving spouse. Ifa person marries after making a will and the spouse survives the maker, thewill is revoked as to the spouse, unless provision has been made for the spouseby marriage contract, or unless the spouse is provided for in the will, or insuch a way mentioned therein as to show an intention not to make suchprovision; and no other evidence to rebut the presumption of revocation shallbe received.

[10:61:1862; A 1947, 84; 1943 NCL 9914]

NRS 133.115 Revocationof provisions in favor of former spouse on divorce or annulment; exceptions. Divorce or annulment of the marriage of the testatorrevokes every devise, beneficial interest or designation to serve as personalrepresentative given to the testators former spouse in a will executed beforethe entry of the decree of divorce or annulment unless otherwise:

1. Provided in a property or separation agreement whichis approved by the court in the divorce or annulment proceedings; or

2. Ordered by the court in the divorce or annulmentproceedings,

and the willtakes effect in the same manner as if the former spouse had died before thetestator.

(Added to NRS by 1967, 804; A 1999, 2257)

NRS 133.120 Othermeans of revocation.

1. A written will may only be revoked by:

(a) Burning, tearing, cancelling or obliterating thewill, with the intention of revoking it, by the testator, or by some person inthe presence and at the direction of the testator; or

(b) Another will or codicil in writing, executed asprescribed in this chapter.

2. This section does not prevent the revocation impliedby law from subsequent changes in the condition or circumstances of thetestator.

[8:61:1862; B 819; BH 3007; C 3078; RL 6209;NCL 9912](NRS A 1999,2257)

NRS 133.130 Effectof revocation of subsequent will. If, afterthe making of any will, the testator executes a second will, the destruction,cancellation or revocation of the second will does not revive the first will,unless it appears by the terms of the revocation that it was the intention torevive and give effect to the first will, or unless, after the destruction,cancellation or revocation, the first will is reexecuted.

[9:61:1862; B 820; BH 3008; C 3079; RL 6210;NCL 9913](NRS A 1999,2257)

PROPERTY PASSING BY WILL

NRS 133.140 Agreementsof testator. A bond, covenant or agreementmade by a testator to convey any property devised in any will previously madeis not a revocation of the previous devise, but the property passes by thedevise, subject to the same remedies on the bond, covenant or agreement, forthe specific performance or otherwise, against the devisee, as might be had bylaw against the heirs of the testator, if the property had descended to them.

[12:61:1862; B 823; BH 3011; C 3082; RL 6213;NCL 9916](NRS A 1999,2257)

NRS 133.150 Chargesor encumbrances upon estate. A charge or encumbranceupon any estate, for the purpose of securing the payment of money, or theperformance of any covenant or agreement, is not a revocation of a willrelating to the same estate which was previously executed, but the devisestherein contained pass subject to the charge or encumbrance.

[13:61:1862; B 824; BH 3012; C 3083; RL 6214;NCL 9917](NRS A 1999,2257)

NRS 133.155 Specificdevise passes subject to mortgage or lien existing on date of death. A specific devise passes subject to any mortgage or lienexisting on the date of death, without right of exoneration, regardless of ageneral directive in the will to pay debts.

(Added to NRS by 1997, 1485; A 1999, 2258)

KINDRED NOT MENTIONED IN WILL WHO SHARE IN ESTATE

NRS 133.160 Rightsof child born after making of will by parent of child.When a child is born after the making of a will by a parent of thatchild and no provision is made for the child in the will, the child is entitledto the same share in the estate of the testator as if the testator had diedintestate, unless it is apparent from the will that it was the intention of thetestator that no provision should be made for that child.

[14:61:1862; B 825; BH 3013; C 3084; RL 6215;NCL 9918](NRS A 1999,2258)

NRS 133.170 Omissionof child or grandchild presumed intentional; rights of child or grandchild ifomission found unintentional. When the childof a testator or the issue of a deceased child of a testator is omitted fromthe testators will, it must be presumed that the omission was intentional.Should the court find that the omission was unintentional, the child, or theissue of the deceased child, is entitled to the same share in the estate of thetestator as if the testator had died intestate.

[15:61:1862; B 826; BH 3014; C 3085; RL 6216;NCL 9919](NRS A 1957, 155; 1999, 2258)

NRS 133.180 Sourcesof unmentioned childs share. When any share ofthe estate of a testator is assigned to a child born after the making of awill, or to a child or the issue of a child omitted in the will, as mentionedin NRS 133.160 and 133.170, the share must first be taken fromthe estate not disposed of by the will, if any. If that is not sufficient, somuch as is necessary must be taken from all the devisees in proportion to thevalue they may respectively receive under the will, unless the obviousintention of the testator in relation to some specific devise or other provisionin the will would thereby be defeated. In that case, the specific devise or provisionmay be exempted from the apportionment, and a different apportionment,consistent with the intention of the testator, may be adopted.

[16:61:1862; B 827; BH 3015; C 3086; RL 6217;NCL 9920](NRS A 1999,2258)

NRS 133.190 Effectof advancements. If the child or children, ortheir descendants, so unprovided for, have had an equal proportion of thetestators estate bestowed upon them in the testators lifetime, by way of anadvancement, as provided in NRS 151.120,they take nothing under NRS 133.160, 133.170 and 133.180.

[17:61:1862; B 828; BH 3016; C 3087; RL 6218;NCL 9921](NRS A 1999,2258)

NRS 133.200 Deathof devisee. When any estate is devised to anychild or other relation of the testator, and the devisee dies before thetestator, leaving lineal descendants, those descendants, in the absence of aprovision in the will to the contrary, take the estate so given by the will inthe same manner as the devisee would have done if the devisee had survived thetestator.

[18:61:1862; A 1937, 48; 1931 NCL 9922](NRS A 1999, 2258)

EFFECT OF CERTAIN PROVISIONS

NRS 133.210 Deviseof real property. Every devise of realproperty in any will conveys all the estate of the testator therein which couldlawfully be devised, unless it clearly appears by the will that the testatorintended to convey a lesser estate.

[19:61:1862; B 830; BH 3018; C 3089; RL 6220;NCL 9923](NRS A 1999,2259)

NRS 133.220 Interestsacquired after execution of will. Any estate,right or interest in real property acquired by the testator after the making ofa will passes thereby in like manner as if it had been acquired before the timeof making the will, if that manifestly appears by the will to have been theintention of the testator.

[20:61:1862; B 831; BH 3019; C 3090; RL 6221;NCL 9924](NRS A 1960, 423; 1999, 2259)

 

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