Is a Handwritten Will Valid in Nevada?

Is a Handwritten Will Valid in Nevada?

Posted on December 16, 2024 in estate planning

Ensuring your will is legally valid is an important step to protecting your wealth. If you live in Nevada, you have several options for estate planning, depending on your needs. One of these options is to create a handwritten will. You may be wondering, “Is a handwritten will valid in Nevada?” It may only be valid under certain conditions.

Working with a Las Vegas will lawyer who understands inheritance and estate planning laws in the state can help you get peace of mind about the future of your wealth.

What Is a Handwritten Will?

As the name states, a handwritten will is written by pen and paper instead of electronically. Unlike a will template that you can fill out, the handwritten will may not contain the more formal language of a legal document or contract.

Wills are an estate planning tool wherein a living person attests what their wishes are for the disposal of their estate upon their death.

Leaving a will upon your passing may allow you to:

• Bequeath benefits to persons who may not be entitled to portions of your estate under intestate law.
• Expressly exclude a relative from portions of your estate they may not already be entitled to, depending on the law.
• Leave portions of an estate to a charity.
• Outline how benefits are to be distributed to beneficiaries through a testamentary trust.
• Designate a guardian for your minor children in case of death.

Though a will may not shield you from your debtors or laws pertaining to community property, they do provide you with options on how your wealth can be managed once you are gone.

Is a Handwritten Will Valid in Nevada?

Handwritten wills, known as holographic wills under law, may not seem conventional, but they may still be valid in the state of Nevada.

Like an electronic will, a holographic or handwritten will must be signed by a testator – the person making the will. The testator needs to be a legal adult over the age of 18, and they must be of sound mind when writing down their will.

A handwritten will differs from an electronic will in that a) the date, signature, and content or material provisions of the will must be written in the handwriting of the testator, and b) it does not need to be signed by two witnesses.

You should note in writing that the document constitutes your last will and testament.

Pros and Cons of Leaving a Handwritten Will

When considering whether to leave a handwritten will, even if valid in Nevada, you should weigh the pros and cons of doing so.

Pros of a handwritten will:

• It may be easier to get done without the need to involve lawyers or research templates.
• You can provide more clarity about the intentions behind your wishes.
• It can help maintain secrecy since witnesses are not required.
• It is valid whether or not it was written in Nevada.
• You can change it at any time or add to it.

Cons of a handwritten will:

• A testator’s intent may be challenged more easily without witnesses.
• The language used in the will may not be specific enough or lead to ambiguities.
• You may fail to consider other laws that override parts of your will.

Benefits of Creating Your Will with the Assistance of a Nevada Estate Planning Lawyer

Just because a handwritten will may be valid in Nevada does not mean that it can stand up to challenges by a potential beneficiary or to the scrutiny of the probate court process. For this reason, it is recommended that you consult a skilled estate planning attorney who can guide you on creating a robust will that isn’t easily invalidated.

Writing your last will and testament is not simply about sharing your wishes. There are certain regulations that you must comply with that may override what is written in your will. A knowledgeable attorney can answer all your questions and ensure that you are on the right track to protecting your wealth.

FAQs

Q: What Are the Requirements for a Will to Be Valid in Nevada?

A: The requirements for a will to be valid in Nevada is for it to be in written form and to be signed by an adult 18 years and older of their own free will and acting in sound mind. For electronic wills, you are required to have the signatures of two witnesses. Handwritten wills do not require witnesses and must be written completely in the handwriting of the testator.

Q: Does Nevada Recognize a Handwritten Will?

A: Nevada does recognize handwritten wills, even if they were written while you were living outside of the state, and then you made Nevada your domicile. As long as a handwritten will follows Nevada requirements, it is legally valid. However, if you do not address all aspects of your estate or beneficiaries that would otherwise be addressed in a template will, the distribution of your assets may be contested. An attorney can help you cover all your bases.

Q: Does a Living Will Need to Be Notarized in Nevada?

A: A living will does not need to be notarized in Nevada to be valid. As long as the will meets the minimum requirements, it can be effective. Notarizing a will makes it self-proving, adding to its legitimacy. Having a valid will, however, does not mean it can easily stand up to scrutiny.

Q: Can a Handwritten Will Be Contested in Nevada?

A: Any will, handwritten or electronic, can be contested in Nevada. A person may allege that a will was created and signed under duress or while the testator was not mentally sound. Failing to properly word the conditions of your will may also pose a challenge to your last wishes being fulfilled.

Should You Handwrite Your Will in Nevada?

Handwriting your will may seem like a practical decision because of its simplicity and low cost. The cons of having a handwritten will, however, may outweigh these benefits. When a handwritten will is not properly worded, it can be more easily challenged. It is advisable that you speak with an estate planning attorney who can help you create a will that is both valid and enforceable.

The skilled legal team at Ken R. Ashworth & Associates provides estate planning services to communities all over Nevada. With offices in Henderson and Las Vegas, we are committed to helping our clients protect their wealth and understand all aspects of the estate planning process as it pertains to their individual needs.

Contact our office and learn more about your estate planning options in Nevada.