WHAT ARE THE STEPS INVOLVED IN MAKING A WILL?
Nevada, much like the majority of other states, has very stringent standards to meet to draft Wills and Trusts. The Nevada Amended Statutes, Chapter 133, is where you may find all of these criteria. This article will provide an overview of the steps involved in writing a will in Nevada, including the necessary steps, as well as the Who, What, and Also how of the process.
In Nevada, anyone over the legal age and of “sound mind” is eligible to write a will. When we talk about having a “sound mind,” we mean that the individual who is writing the will (also referred to as the “testator”) must have a thorough understanding of his or her assets and how the Will affects the way they are distributed.
But What’s It?
In general, a will in Nevada has to be in writing to be valid. Following NRS 138.040, Electronic wills are excluded from the general rule, but it is outside the subject of this piece. This means that a video cannot be used in a court of law. You can’t film yourself detailing how your assets should be distributed like in the movies. You can’t leave anything to the state if you die without a will, and in this instance, the court will dismiss it.
The specifics of a person’s will are determined by their unique set of circumstances. There are a few things that any Nevada will have, however:
- Any testamentary document should expressly specify that it is intended to serve as the testator’s final directives for his or her estate.
- There should be a statement in the will stating that the testator is over the age of eighteen and of “clear mind.”
- The testator’s marital status and the number of children they have should be stated in the Will. If this is the case, the names of the testator’s spouse and any children should be included.
- To ensure that the “residuary” of the testator’s inheritance is distributed, the testator’s Will should include provisions for this.
- If the testator’s intended beneficiary dies before the testator, the Will should arrange for the transfer of the testator’s possessions.
If the decedent has children under the age of 18, the Will should designate guardians to look after them.
Making A Will: A Step-By-Step Guide
Nevada’s execution of a will is the most critical component of making a will. As with another legal document, a Will must be properly executed to be legally binding.
As stated in NRS 133.040, two witnesses must be present for a Will to be signed. Another of the witnesses entered the opposite room as the testator began signing his or her Will and thereby invalidated the document. That’s how the courts have understood how tight these criteria are.
The witnesses must also sign the will in the presence of the testator and of one another after the testator has done so. There should be no space for error when signing a Will, hence the testator and that both witnesses must remain in one room until everyone else has completed their signatures. A witness can’t be someone who will benefit under the Will.
This is a different document from the Will, and it serves as evidence to the Court that the parties fulfilled all of the formalities for writing a Will, which could also help avoid difficult disputes. NRS 133.050 contains the samples.
Signed and witnessed wills are legally binding. There should be a copy supplied to the person or persons who have been designated as executors, as well as the originals. To learn more about the process of drafting an A Will Estate in Nevada, speak with a qualified will attorney today.