Last Will and Testament

A Last Will and Testament outlines how your property, finances, and personal belongings will be distributed after your passing.

It ensures your wishes—not the court’s default rules—determine who inherits your estate.
While a will must go through probate, which involves some administrative and court fees, it remains an essential legal document that provides clarity, protection, and peace of mind for your loved ones.

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Age Requirement:

To create a legally valid will, you must typically be:

• At least 18 years old, or

• Nevada Revised Statutes Chapter 133, which covers wills, explicitly states the age requirement of 18 years or older. Therefore, an emancipated minor in Nevada, regardless of their other legal freedoms, must still be 18 years old to create a valid last will and testament.  

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Mental Capacity:

You must also be mentally competent at the time you make the will. This means you must:

• Understand what a will is and the purpose it serves.

• Be aware of your relationships with those who would logically inherit from you—such as a spouse, children, or other close family members.

• Have a general understanding of what you own (your assets) and how much it's worth.

• Be capable of making rational decisions about how your assets will be distributed.

This standard is generally easy to meet. Most wills are not successfully contested on the basis of mental incompetence. Minor forgetfulness or confusion does not invalidate a will.

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Fraud or Undue Influence:

To invalidate a will in probate court, it must be proven that the person making the will (the testator) was so heavily influenced or deceived by someone else that they lost control over their own decisions—and that the influencer benefited significantly under the will.

It’s worth noting that many undue influence claims are filed when an attorney drafts a will that names themselves as a beneficiary. If the testator was elderly, seriously ill, or showing signs of dementia at the time, courts may more closely scrutinize the circumstances for potential coercion.

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 Key Highlights:

• Purpose: Directs the distribution of your property after death and names guardians for minor children, if applicable.

• Executor Appointment: Names someone to manage your estate and ensure your instructions are followed.

• Specific Gifts: Allows you to leave specific items or amounts of money to individuals or organizations.

• Residual Clause: Covers remaining assets after specific gifts are distributed.

• Guardianship: Critical for parents to designate guardians for minor children.

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What's included:

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• State-compliant Last Will & Testament

• Appointment of Personal Representative

• Beneficiary and property distribution clauses

• Guardian designation (for minor children, if any)

• Digital draft review & tracking in Client Portal

• One remote notarization (if applicable)

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Electronic Wills:

Electronic wills are made, signed and witnessed electronically, with no need for paper. Nevada, is a state that have adopted laws to allow electronic wills. DVN uses state approved Notarize & Proof as our remote notary platform to perform EWillsMore states are sure to follow; however, until these new laws settle and a majority of states have figured out how electronic wills will work (both practically and legally), stick to making your will on paper.

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Helpful Tips:

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• Keep It Current: Update your Will after major life events (marriage, divorce, birth of children, significant asset changes).

• Be Clear and Specific: Ambiguities can lead to confusion or even litigation.

• Store Safely: Keep the original Will in a secure but accessible location and let your executor know where it’s stored.

• Consider Complementary Documents: A Will does not avoid probate. Pairing it with a Revocable Living Trust can help streamline the transfer of assets.

• Witnesses are Critical: In Nevada, two competent adult witnesses must be present when the Will is signed.

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Is Notarization Required?

• No, a standard Last Will and Testament does not require notarization in Nevada to be legally valid.

• However, adding a Self-Proving Affidavit (which does require notarization) is highly recommended. This affidavit:

  • Attests that the Will was signed voluntarily and witnessed properly.

  • Helps the probate court accept the Will without requiring the witnesses to testify.

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When Notarization Is Used:

• Self-Proving Affidavit (commonly attached to the Will):

• Requires notarization.

•  Makes probate easier and faster.

• Even though notarization isn’t required for the Will itself, encourage clients to opt for the Self-Proving Affidavit to simplify probate proceedings later.

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