How to Make a Will in Nevada (2026 Guide)

A will made in Nevada must be signed by you and by 2 witnesses to be valid. Yes (Nev. Rev. Stat. § 133.050). It lets the court accept the will without tracking down the witnesses later. Below is everything the signing cover sheet in your free Nevada will covers, generated from the same rules.

Make my free Nevada will

Nevada will requirements at a glance

Witnesses required	2
Self-proving affidavit	Yes
Notary required for the will	No
Notary for the affidavit	Yes
Holographic wills recognized	Yes
Electronic wills recognized	Yes
Remote witnessing allowed	Yes
Community property state	Yes
Personal property memorandum	Yes
No-contest clause	Limited
Will execution statute	Nev. Rev. Stat. § 133.040
Financial POA statute	Nev. Rev. Stat. ch. 162A (Uniform Power of Attorney Act, 2009); statutory form at § 162A.620
Healthcare directive statute	Nev. Rev. Stat. §§ 162A.700 to 162A.870 (durable power of attorney for health care decisions; form at § 162A.860) and § 449A.400 et seq. (declaration; form at § 449A.535)

Witnesses

Two witnesses. Unless holographic or electronic, the will must be in writing, signed by the testator (or by an attending person at the testator's express direction), and attested by at least two competent witnesses who subscribe their names in the presence of the testator (Nev. Rev. Stat. § 133.040). Use adult witnesses who take nothing under the will: a gift to a subscribing witness is void unless the will is also attested by two other competent witnesses, although the interested witness may still take what he or she would have received by intestacy (Nev. Rev. Stat. § 133.060). The statute does not require witnesses to sign in each other's presence, but the safest practice is for everyone to sign together in one sitting. Electronic wills and electronic-presence witnessing are governed separately by Nev. Rev. Stat. §§ 133.085 to 133.088.

Do you need a notary in Nevada?

Not for the will itself. A notary is needed only to make the will self-proving through the affidavit, which is strongly recommended.

Self-proving affidavit

Yes (Nev. Rev. Stat. § 133.050). It lets the court accept the will without tracking down the witnesses later. What a self-proving affidavit does.

How to sign your will in Nevada

1. Read the signing cover sheet. It is generated with your will and lists every requirement below in checklist form.
2. Gather your witnesses. You need 2 adult witnesses who are not beneficiaries. Two witnesses. Unless holographic or electronic, the will must be in writing, signed by the testator (or by an attending person at the testator's express direction), and attested by at least two competent witnesses who subscribe their names in the presence of the testator (Nev. Rev. Stat. § 133.040). Use adult witnesses who take nothing under the will: a gift to a subscribing witness is void unless the will is also attested by two other competent witnesses, although the interested witness may still take what he or she would have received by intestacy (Nev. Rev. Stat. § 133.060). The statute does not require witnesses to sign in each other's presence, but the safest practice is for everyone to sign together in one sitting. Electronic wills and electronic-presence witnessing are governed separately by Nev. Rev. Stat. §§ 133.085 to 133.088.
3. Sign in front of your witnesses. Declare that the document is your will, sign at the end, and have the witnesses sign while you are all together.
4. Complete the self-proving affidavit before a notary. Optional but strongly recommended (Nev. Rev. Stat. § 133.050). Many people sign the will and the affidavit at the notary's office in one sitting.
5. Store the original safely. Keep the original in a safe, fireproof place your executor can access without a court order; a safe-deposit box may be sealed at death. Tell your executor where it is and give them a copy. Nevada has no general statute for lifetime deposit of a paper will with the court (electronic wills may be held by a qualified custodian under Nev. Rev. Stat. § 133.320).
6. Tell your executor. Your executor needs to know the will exists and where it is. Give them the Executor Information Sheet.

Your spouse's rights

Nevada is a community property state and has no elective share. Each spouse already owns one-half of the community property (Nev. Rev. Stat. § 123.225), so a will disposes of only the testator's half plus separate property (Nev. Rev. Stat. § 123.250). The court may set apart the homestead and exempt property and grant a family allowance to the surviving spouse regardless of the will (Nev. Rev. Stat. §§ 146.010 to 146.070).

Nevada is a community property state. Property acquired during marriage is generally owned half by each spouse. A will disposes only of the testator's half plus separate property. Our Nevada will includes a community property acknowledgment.

Homestead

The probate court may set apart the family homestead for the surviving spouse and minor children regardless of the will (Nev. Rev. Stat. §§ 146.020, 146.050); a declared homestead is exempt from most creditors (Nev. Rev. Stat. ch. 115). No other restriction on devising the home.

If you die without a will in Nevada

If you die without a will in Nevada, your spouse takes all of the community property (Nev. Rev. Stat. § 123.250). Your separate property goes entirely to your spouse if you leave no children, parents or siblings; one-half to the spouse if you leave one child (or parents or siblings but no children); and one-third if you leave two or more children (Nev. Rev. Stat. §§ 134.040, 134.050). Everything not passing to a spouse goes to descendants, then parents, then siblings. More on intestacy.

Other estate-planning documents in Nevada

• Durable financial power of attorney: Nev. Rev. Stat. ch. 162A (Uniform Power of Attorney Act, 2009); statutory form at § 162A.620. The power of attorney must be signed by the principal (or by another adult in the principal's conscious presence at the principal's direction) and the signature must be acknowledged before a notary public (Nev. Rev. Stat. § 162A.220). If the principal resides in a hospital, assisted living or skilled nursing facility, a physician's or provider's certification of capacity is also required (Nev. Rev. Stat. § 162A.220(2)). Record it with the county recorder before using it for real estate.
• Advance healthcare directive: Nev. Rev. Stat. §§ 162A.700 to 162A.870 (durable power of attorney for health care decisions; form at § 162A.860) and § 449A.400 et seq. (declaration; form at § 449A.535). A durable power of attorney for health care decisions must be signed by the principal and either acknowledged before a notary public or signed by two adult witnesses who are not the agent, the principal's health care provider or an employee of the provider, or an operator or employee of a health care facility; at least one witness must be neither related to the principal nor entitled to any part of the estate (Nev. Rev. Stat. § 162A.790). Nevada's statute sets out a form that the power must substantially follow (Nev. Rev. Stat. § 162A.860). A declaration (living will) requires two witnesses (Nev. Rev. Stat. § 449A.535). Nevada keeps a Living Will Lockbox registry through the Secretary of State (Nev. Rev. Stat. § 449A.700 et seq.).
• HIPAA authorization: HIPAA authorization is governed by federal law (45 C.F.R. § 164.508); no state-specific execution formality. Sign and date it; no witnesses or notary are required, though notarization does no harm.
• Personal property memorandum: Recognized (Nev. Rev. Stat. § 133.045).

Nevada notes

• Nevada is a community property state (Nev. Rev. Stat. § 123.225). Your will controls only your separate property and your one-half interest in community property.
• Nevada recognizes electronic wills and witnessing by electronic presence (Nev. Rev. Stat. §§ 133.085 to 133.088), subject to their own authentication and custodian rules. This service produces a paper will to be signed with pen and ink with everyone in the same room.
• Nevada recognizes holographic wills whose signature, date and material provisions are in the testator's handwriting (Nev. Rev. Stat. § 133.090).

Frequently asked questions

How many witnesses does a will need in Nevada?

Nevada requires 2 witnesses (Nev. Rev. Stat. § 133.040). Two witnesses. Unless holographic or electronic, the will must be in writing, signed by the testator (or by an attending person at the testator's express direction), and attested by at least two competent witnesses who subscribe their names in the presence of the testator (Nev. Rev. Stat. § 133.040). Use adult witnesses who take nothing under the will: a gift to a subscribing witness is void unless the will is also attested by two other competent witnesses, although the interested witness may still take what he or she would have received by intestacy (Nev. Rev. Stat. § 133.060). The statute does not require witnesses to sign in each other's presence, but the safest practice is for everyone to sign together in one sitting. Electronic wills and electronic-presence witnessing are governed separately by Nev. Rev. Stat. §§ 133.085 to 133.088.

Does a will need to be notarized in Nevada?

Not for the will itself. A notary is needed only to make the will self-proving through the affidavit, which is strongly recommended.

Does Nevada have a self-proving affidavit?

Yes (Nev. Rev. Stat. § 133.050). It lets the court accept the will without tracking down the witnesses later.

Are handwritten (holographic) wills valid in Nevada?

Yes, Nevada recognizes holographic wills under certain conditions, but a typed, witnessed will is far safer and is what this service produces.

Can I disinherit my spouse in Nevada?

Nevada is a community property state and has no elective share. Each spouse already owns one-half of the community property (Nev. Rev. Stat. § 123.225), so a will disposes of only the testator's half plus separate property (Nev. Rev. Stat. § 123.250). The court may set apart the homestead and exempt property and grant a family allowance to the surviving spouse regardless of the will (Nev. Rev. Stat. §§ 146.010 to 146.070).

What happens if I die without a will in Nevada?

If you die without a will in Nevada, your spouse takes all of the community property (Nev. Rev. Stat. § 123.250). Your separate property goes entirely to your spouse if you leave no children, parents or siblings; one-half to the spouse if you leave one child (or parents or siblings but no children); and one-third if you leave two or more children (Nev. Rev. Stat. §§ 134.040, 134.050). Everything not passing to a spouse goes to descendants, then parents, then siblings.

Is a no-contest clause enforceable in Nevada?

Nevada enforces no-contest clauses, but not against an action to enforce the beneficiary's own rights, to construe the will, or to challenge a fiduciary, and not where the beneficiary establishes the action was brought in good faith based on probable cause (Nev. Rev. Stat. § 137.005).

Statutes cited are for reference and may have been amended. This page is general information, not legal advice.