Legal Question in Wills and Trusts in Nevada

Is a drawn up will valid if notorized without a lawyer?

Asked on 4/30/17, 8:42 am

1 Answer from Attorneys

Rick Williams Law Offices of Frederick D. (Rick) Williams, Chtd.

Generally, Nevada law does not require a notarized signature on a will. What the law does require is that a will be signed and dated by the person making it, then signed by two disinterested witnesses - rather than a notary public - who both watch the testator (maker of the will) sign it before them. An exception is made, though, for a hand-written (holographic) will bearing only the handwriting of the testator. In other words, a note scrawled on a cocktail napkin - so long as it is dated and signed - can qualify as a will. If that same, handwritten will were notarized, though, it could be disputed as not being a proper holographic will, since it bears the handwriting of another person.

Confusing? Yeah, that's why the best thing is to see an experienced attorney who knows the details of the rules and can help you be sure you have covered all the bases here. A simple will (that is, basic assets and uncomplicated beneficiary statement) should cost no more than a few hundred bucks, but will provide 100% peace of mind that all your ducks are in a row. That is the whole point, after all ... right?

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Answered on 5/05/17, 6:36 pm

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