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Is an Online Will Legal in Nevada?

Is An Online Will Legally Valid in Nevada?

Nevada does recognize online wills. However, you must follow through on a few steps after you've completed your document. Here's what those look like.

FeedingBird walks you through the entire process, making it a straightforward and simple/

What Makes an Online Will Legally Valid in Nevada?

Nevada was one of the first states in the country to recognize electronic wills, passing its statute back in 2001. A Nevada e-will must exist as an electronic record with the testator's electronic signature, plus at least one authentication method, such as a biometric characteristic, an electronic notary seal, or two attesting witnesses. Nevada also accepts traditional printed wills signed by two witnesses, with no notary required for validity.

Nevada also recognizes holographic, or handwritten, wills with no witnesses required, as long as the date, signature, and material provisions are in the testator's own handwriting.

What You Need to Know about Online Wills in Nevada

Nevada Property Laws

Nevada is a community property state. This means that property acquired during the marriage generally belongs equally to both spouses, so your spouse already owns half of it. Your separate property, which is anything you acquired before the marriage, plus your half of the community property is affected by your will.

Nevada Probate

There are a few things you should know about probate in Nevada. All wills go through probate in Nevada unless the estate qualifies for a small estate affidavit (personal property up to roughly $25,000, or $150,000 for a surviving spouse) or summary administration (estates under $500,000). Otherwise, a trust is typically required to avoid probate. Nevada has no state estate or inheritance tax.

Avoiding Probate in Nevada

  • Consider a revocable living trust. A living trust lets you have more control over your estate. You serve as trustee and you identify a successor trustee who will manage how assets are distributed after your death.
  • Name beneficiaries on financial and retirement accounts. You can add a payable-on-death (POD) or transfer-on-death (TOD) designation names to identify new owners for these accounts.
  • You can title real estate with your spouse as community property with right of survivorship, so it passes directly without probate.
  • You can also establish joint ownership with right of survivorship for property owned with someone other than a spouse.

Want to learn more about trusts in Nevada? Check out FeedingBird’s trust page.