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Nevada: Will Execution Requirements

verified against the statute 2026-07-11 7 statute sources

The short answer

To sign an ordinary will in Nevada you must be over 18 and of sound mind, put the will in writing, sign it (or have someone sign for you at your express direction), and have at least two competent witnesses subscribe their names in your presence. Notarization is not required. Nevada also recognizes a handwritten (holographic) will that is dated and written in your own hand with no witnesses, and it was the first state in the country to allow a fully electronic will. There is no harmless-error rule for ordinary attested wills, so follow the signing steps exactly.

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This is the general rule in Nevada. Ezel applies current Nevada law to your specific facts and answers with citations to the statutes.

Governing law	Nevada Revised Statutes Chapter 133 (Wills). The core execution statute is NRS 133.040; Nevada also has separate statutes recognizing holographic wills (NRS 133.090) and electronic wills (NRS 133.085 to 133.088, 133.300 to 133.340). Nevada keeps a common-law attested-will model for paper wills but is a national pioneer on electronic wills
Minimum age & capacity	Every person of sound mind over the age of 18 may make a will (NRS 133.020). The statute states only 'sound mind'; Nevada case law supplies the test — the testator must know the nature and extent of their property, know the natural objects of their bounty (their family), and be able to form a rational plan for distributing the estate
Writing & signature	An ordinary will must be in writing and signed by the testator, 'or by an attending person at the testator's express direction' if the testator cannot sign (NRS 133.040). There is no rule that the signature appear at the end of the document (that placement rule applies only to the holographic and electronic forms' own requirements)
Witnesses required	At least two competent witnesses who 'subscribe their names to the will in the presence of the testator' (NRS 133.040). The witnesses must sign in the testator's presence; the statute does not additionally require them to sign in each other's presence. Interested witness: a devise to a subscribing witness is VOID 'unless there are two other competent subscribing witnesses to the will' (NRS 133.060) — a purging rule that voids only the witness's gift, not the will
Notarization & self-proving	Notarization is NOT required to sign an ordinary will — a notary is not a witness. A self-proving option is available: any attesting witness may sign a declaration under penalty of perjury or an affidavit before an officer authorized to administer oaths, written on the will or attached to it (NRS 133.050), and that signature counts as a signature on the will (NRS 133.055)
Handwritten (holographic) wills	Yes. 'A holographic will is a will in which the signature, date and material provisions are written by the hand of the testator, whether or not it is witnessed or notarized' (NRS 133.090). It needs no witnesses but — unlike some states — a DATE in the testator's hand is required, along with the signature and material provisions
Electronic & remote wills	Yes. Nevada was the first state to authorize electronic wills. An electronic will is created and kept in an electronic record and must contain the testator's date and electronic signature plus at least one of: an authentication characteristic (such as a fingerprint or facial recognition), an electronic notary's signature and seal placed in the testator's presence, or the electronic signatures of two or more witnesses placed in the testator's presence (NRS 133.085) — remote electronic execution is possible under Nevada's electronic-notary framework (NRS 133.088)
Harmless-error / curative doctrine	No. Nevada has no harmless-error or substantial-compliance statute for ordinary attested wills (it has not adopted UPC § 2-503). NRS 133.040 says no ordinary will 'is valid unless' it meets the writing-and-two-witness formalities, so a technical defect generally voids the will. The holographic and electronic forms are separate valid alternatives, not a cure for a defective attested will

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Requirements one by one

Governing law

Nevada's will rules are in the Nevada Revised Statutes, Chapter 133. An ordinary paper
will is governed by NRS 133.040, which keeps the traditional common-law model — a written
will signed before two witnesses. Nevada is unusual in offering two additional, fully valid
forms in the same chapter: a handwritten (holographic) will under NRS 133.090, and a
fully electronic will under NRS 133.085. Nevada was the first state in the country to
authorize electronic wills, back in 2001, and has expanded the rules since.

Minimum age & capacity

Every person of sound mind who is over 18 may make a Nevada will (NRS 133.020). The statute
states only the "sound mind" requirement; Nevada courts supply the working test — you must
know the nature and extent of what you own, know who your family members are, and be able
to form a rational plan for how to distribute your estate. Capacity is measured at the time
you sign.

Writing & signature

An ordinary will must be in writing and signed by you, or "by an attending person at the
testator's express direction" if you are unable to sign yourself (NRS 133.040). Nevada does
not require the signature to be at the end of an ordinary attested will. (The separate
holographic and electronic forms have their own signature rules, described below.)

Witnesses required

A Nevada attested will needs at least two competent witnesses who "subscribe their names to
the will in the presence of the testator" (NRS 133.040). The key requirement is that the
witnesses sign while you are present; Nevada's statute does not additionally require the two
witnesses to sign in each other's presence, though having everyone together is the safe
practice. On interested witnesses, Nevada uses a purging rule: a gift to someone who also
serves as a witness is "void unless there are two other competent subscribing witnesses to
the will" (NRS 133.060). The will itself stays valid; it is only the interested witness's
gift that is wiped out unless two other, non-beneficiary witnesses signed.

Notarization & self-proving

A Nevada will does not have to be notarized to be valid — a notary is not one of the two
required witnesses. What a notary supports is the optional self-proving step: any attesting
witness may sign a declaration under penalty of perjury, or an affidavit before an officer
authorized to administer oaths, stating the facts they would testify to at probate
(NRS 133.050). That declaration or affidavit is written on the will or attached to it, and a
signature on it counts as a signature on the will (NRS 133.055). A self-proved will can be
admitted without the witnesses appearing in court.

Handwritten (holographic) wills

Nevada recognizes holographic wills. Under NRS 133.090, "a holographic will is a will in
which the signature, date and material provisions are written by the hand of the testator,
whether or not it is witnessed or notarized." No witnesses are needed, and such a will "has
the same force and effect as if formally executed." Note the date requirement: unlike some
states that make a date optional, Nevada lists the date as one of the three things that must
be in your handwriting, alongside your signature and the material provisions.

Electronic & remote wills

Nevada allows fully electronic wills and was the first state to do so. An electronic will is
created and kept in an electronic record and must contain your date and electronic signature,
plus at least one of three things (NRS 133.085): an "authentication characteristic" unique to
you (a fingerprint, retinal or facial scan, voice recognition, or a digitized signature); the
electronic signature and seal of an electronic notary placed in your presence; or the
electronic signatures of two or more witnesses placed in your presence. Because Nevada allows
these notarial and witnessing acts to be performed electronically (NRS 133.088), an electronic
will can be executed remotely. This makes Nevada one of the few states where a will can exist
entirely as an electronic record — but the format and storage rules (including a "qualified
custodian" regime under NRS 133.300 to 133.340) are strict.

Harmless-error / curative doctrine

Nevada has no harmless-error rule for ordinary attested wills. It has not adopted the Uniform
Probate Code's § 2-503, and NRS 133.040 says no ordinary will "is valid unless" it meets the
writing-and-two-witness formalities. So a paper will with a witnessing defect generally cannot
be saved by proving intent after the fact. Nevada's flexibility comes not from a curative
doctrine but from offering the holographic and electronic wills as separate, independently
valid forms — if a document does not qualify as one of those, the ordinary-will formalities
must be met exactly.

What trips people up

Notarizing a will is not the same as witnessing it. For an ordinary Nevada will, a notary
does not count as a witness. NRS 133.040 requires two competent witnesses; a notarized signature
alone does not satisfy that. The notary's role is limited to the optional self-proving
declaration under NRS 133.050.

A handwritten will must be dated. Nevada's holographic-will statute lists the date as a
required element in the testator's own hand, right alongside the signature and material
provisions (NRS 133.090). An undated handwritten will that would pass in some states can fail
in Nevada, so date it.

A gift to a witness can vanish. If a beneficiary also serves as one of your witnesses, their
gift is void unless two other, disinterested witnesses also signed (NRS 133.060). The will
survives, but the witness-beneficiary loses the gift. Use two witnesses who inherit nothing.

An electronic will is not just a signed PDF. Nevada's electronic will is a real option, but
it has demanding format, authentication, and storage rules (NRS 133.085 and the qualified-custodian
sections). Emailing yourself a signed document does not create a valid electronic will; treat it
as its own careful process or use an ordinary witnessed will.

Common questions

Does my Nevada will have to be notarized? No. An ordinary Nevada will needs two witnesses, not
a notary (NRS 133.040). Notarization only supports the optional self-proving declaration under
NRS 133.050, which speeds up probate but never replaces the witnesses.

Can I handwrite my own will without witnesses? Yes. Nevada recognizes holographic wills: if
your signature, the date, and the material provisions are all in your own handwriting, the will is
valid with no witnesses (NRS 133.090). Do not leave off the date — Nevada requires it.

Can I make my will entirely electronic or sign over video? Yes, through Nevada's electronic-will
process. An electronic will can be signed with an authentication characteristic, an electronic notary,
or two electronic witnesses in your presence, and can be executed remotely (NRS 133.085, 133.088). An
ordinary paper will still needs two witnesses who signed in your presence.

What if my paper will is missing a witness? Nevada has no harmless-error rule to rescue an ordinary
attested will, so a witnessing defect generally voids it (NRS 133.040). Your only fallbacks are whether
the document independently qualifies as a valid holographic or electronic will.

Statutes and sources

Nev. Rev. Stat. § 133.020 — who may make a will: any person of sound mind over 18.
https://www.leg.state.nv.us/nrs/nrs-133.html#NRS133Sec020 (accessed 2026-07-11)
Nev. Rev. Stat. § 133.040 — ordinary execution: writing, signature (or signing at your direction), and at least two competent witnesses subscribing in the testator's presence.
https://www.leg.state.nv.us/nrs/nrs-133.html#NRS133Sec040 (accessed 2026-07-11)
Nev. Rev. Stat. § 133.050 — self-proving declaration or affidavit by the attesting witnesses.
https://www.leg.state.nv.us/nrs/nrs-133.html#NRS133Sec050 (accessed 2026-07-11)
Nev. Rev. Stat. § 133.060 — a devise to a subscribing witness is void unless two other competent witnesses signed (purging rule).
https://www.leg.state.nv.us/nrs/nrs-133.html#NRS133Sec060 (accessed 2026-07-11)
Nev. Rev. Stat. § 133.085 — electronic wills: the electronic record, date, testator's electronic signature, and the authentication-characteristic / electronic-notary / two-witness options.
https://www.leg.state.nv.us/nrs/nrs-133.html#NRS133Sec085 (accessed 2026-07-11)
Nev. Rev. Stat. § 133.090 — holographic wills: signature, date, and material provisions in the testator's own hand, no witnesses needed.
https://www.leg.state.nv.us/nrs/nrs-133.html#NRS133Sec090 (accessed 2026-07-11)
Nev. Rev. Stat. § 133.100 — nuncupative (oral) wills are invalid.
https://www.leg.state.nv.us/nrs/nrs-133.html#NRS133Sec100 (accessed 2026-07-11)

Source links

Every statute quoted above, linked, with the date we checked it.

Nev. Rev. Stat. § 133.020 · accessed 2026-07-11

Nev. Rev. Stat. § 133.040 · accessed 2026-07-11

Nev. Rev. Stat. § 133.050 · accessed 2026-07-11

Nev. Rev. Stat. § 133.060 · accessed 2026-07-11

Nev. Rev. Stat. § 133.085 · accessed 2026-07-11

Nev. Rev. Stat. § 133.090 · accessed 2026-07-11

Nev. Rev. Stat. § 133.100 · accessed 2026-07-11

This page is general legal information about your state's rules for SIGNING a valid will under STATE law — not legal advice about your estate, and not a guide to what a will can accomplish, to probate, or to any will dispute. It covers the execution formalities for an ordinary adult's will; special situations (a will made under another state's law, a member of the military, a person who cannot read or sign, a non-English will, or a will that also creates or pours into a trust) can change the rules. Whether a particular will was validly executed, and whether a defect can be excused, often turn on case-specific facts this page cannot resolve. A will valid where and when it was signed may still be honored after a move, and a state that does not allow handwritten wills may still accept one valid in the state where it was made. Verified against the official statute text on the date shown; confirm current law or consult a licensed attorney in the state before relying on it.

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