How to Make a Will in Nevada

How to create a will in Nevada and what can happen if you don't.

By , Attorney George Mason University Law School
Updated 9/18/2025

If you're a resident of Nevada and thinking about making a will, you should understand what a will is and how to create one. A will, also called a "last will and testament," can help you protect your family and your property.

You can use a will to:

  • leave your property to people or organizations
  • name a personal guardian to care for your minor children
  • name a trusted person to manage property you leave to minor children, and
  • name an executor, the person who makes sure that the terms of your will are carried out.

Below you'll find an overview of what a will can do for you, what Nevada laws require for making a valid will, and what the process looks like.

Steps to Create a Will in Nevada

Here's a quick checklist for making a will in Nevada:

  1. Decide what property to include in your will.
  2. Decide who will inherit your property.
  3. Choose an executor to handle your estate.
  4. Choose a guardian for your children.
  5. Choose someone to manage children's property.
  6. Make your will.
  7. Sign your will in front of witnesses.
  8. Store your will safely.

What Happens If I Die Without a Will?

If you die without a will in Nevada, your property will be distributed according to state "intestacy" laws. Nevada's intestacy law gives your property to your closest relatives, beginning with your spouse, children, and parents. This list of inheritors continues with increasingly distant relatives. If the court exhausts this list to find that you have no living relatives by blood or marriage, the state will take your property.

Can I Make My Own Will in Nevada?

Yes. You can make your own will in Nevada, using Nolo's Quicken WillMaker & Trust. However, you might want to consult a lawyer in some situations. For example, if you think that your will might be contested or you have especially complicated goals, you should talk with an attorney. See Do I Need an Attorney to Make My Estate Plan?

To make a will in Nevada, you must be:

  • 18 years of age or older, and
  • of sound mind.

(Nev. Rev. Stat. § 133.020 (2025).)

You generally must make your will in writing on paper. However, Nevada does recognize electronic wills in digital formats (See "Can I Make a Digital or Electronic Will?" below). (Nev. Rev. Stat. §§ 133.040, 133.085 (2025).)

Nevada law specifically prohibits oral wills. Nevada does recognize handwritten wills (also called "holographic wills"), but they are usually not a good idea. (Nev. Rev. Stat. §§ 133.090, 133.100 (2025).)

How to Sign and Execute My Nevada Will

To finalize your will in Nevada:

  • you must sign your will in front of two witnesses, and
  • your witnesses must sign your will in front of you.

(Nev. Rev. Stat. § 133.040 (2025).)

Use witnesses who won't inherit anything through your will. Gifts you leave to someone who acts as the witness to your will are void unless you use two additional witnesses. (Nev. Rev. Stat. § 133.060 (2025).)

To make a valid holographic will, you must include all material provisions, the date, and the signature in your handwriting. These wills don't need to be witnessed. (Nev. Rev. Stat. § 133.090 (2025).)

Do I Need to Have My Will Notarized in Nevada?

No, in Nevada, you don't need to notarize your will to make it legal. However, Nevada allows you to make your will "self-proving," and you might need a notary for that. A self-proving will speeds up probate because the court can accept the will without contacting the witnesses who signed it.

In Nevada, there are two ways to make your will self-proving. You can have your witnesses 1) sign your will under penalty of perjury or 2) sign and have a separate affidavit notarized. Either way, your witnesses must swear that:

  • you declared the document to be your will
  • you signed the will in their presence
  • they witnessed you signing it
  • they signed the will in your presence and the presence of each other, and
  • you appeared to be an adult of sound mind and memory.

(Nev. Rev. Stat. § 133.050 (2025).)

If you use an affidavit, in the affidavit, the witnesses must swear to these statements, and their signatures must be notarized. If you use a declaration, the statements can be written "under penalty of perjury" in the witnessing clause of the will.

Can I Make a Digital or Electronic Will in Nevada?

Nevada is one of a handful of states that technically allows electronic wills (e-wills). The requirements for making a valid e-will in Nevada can be quite elaborate, and as a result, e-wills are still not commonplace. (Nev. Rev. Stat. §§ 133.085, 133.086, 133.087 (2024).)

For more details on Nevada's specific approach to e-wills, see What Is an Electronic Will?

Can I Choose and Appoint an Executor in My Nevada Will?

Yes. In Nevada, you can use your will to name an executor who will ensure that the provisions in your will are carried out after your death. Nolo's Quicken WillMaker & Trust produces a letter to your executor that generally explains what the job requires. If you don't name an executor, the probate court will appoint someone to take on the job of winding up your estate.

Can I Revoke or Change My Will in Nevada?

In Nevada, you may revoke or change your will at any time. You can revoke your will by:

  • burning, tearing, canceling, or obliterating the will with the intent to revoke it
  • ordering someone else to burn, tear, cancel, or obliterate the will in front of you with the intent to revoke it, or
  • making another will that revokes the old will.

(Nev. Rev. Stat. § 133.120 (2025).)

If you marry someone after you make your will, your will might be automatically revoked unless:

  • you have a separate marriage contract that provides for your spouse
  • your will has language that says this shouldn't happen and names your future spouse, or
  • you provide for your spouse by a non-probate transfer that you made instead of a gift in your will.

(Nev. Rev. Stat. § 133.110 (2025).)

If your will is revoked because of your marriage, your spouse receives whatever he or she would have received if you died without a will. Any remaining provisions in your will that aren't affected by this change stay in effect, including who you named as your executor. (Nev. Rev. Stat. § 133.110 (2025).)

If you and your spouse divorce (or if a court determines that your marriage isn't legal), Nevada law revokes any language in your will that leaves property to your spouse or names your spouse to be your executor. This rule doesn't apply if the divorce court orders otherwise or has approved a property or separation agreement between you and your spouse that states otherwise. (Nev. Rev. Stat. § 133.115 (2025).)

If you need to make changes to your will, it's best to revoke it and make a new one. However, if you have only very simple changes to make, you could add an amendment to your existing will—this is called a codicil. In either case, you will need to finalize your changes with the same formalities you used to make your original will (see above).

Next Steps

You can find Nevada's laws about making wills here: Nevada Revised Statutes, Title 12 Wills and Estates of Deceased Persons, Chapter 133 - Wills.

To make your own will—as well as other estate planning documents, such as powers of attorney, advance health care directives, and living trusts—try Nolo's Quicken WillMaker & Trust.

Frequently Asked Questions

If you're still looking for information, check out these answers to frequently asked questions on Nevada wills.

Can a will help me avoid probate?

No. A will doesn't avoid probate. Instead, it acts as instructions to the probate court. If you want to avoid probate in Nevada, consider other estate planning strategies like a living trust or joint tenancy.

What's the cost of making a will in Nevada?

The cost for a lawyer to make a will depends on several factors, including the complexity of your finances, where you live in Nevada, and whether you want an entire estate plan with multiple documents. A simple will without other estate planning documents likely will cost at least a few hundred dollars—and potentially more than $1,000. DIY resources, like Nolo's Quicken WillMaker & Trust, will cost significantly less than hiring an attorney.

Where should I store my will after it's signed?

There are several options for places to store your will, and each has pros and cons. Some options are your home, your lawyer's office, or a safe deposit box (but ensure the bank will let your executor or other trusted people access it after your death). Wherever you store it, make sure the right people know where it is, so the probate process can start as soon as possible without confusion or delay. For more information, read How to Safely Store Your Will.

Do I need to file my will with the court or government after making it?

No. Your will doesn't need to be filed with the court or government until after your death.

Can a will help me avoid estate taxes?

No. A will won't help you avoid estate taxes. The good news is that Nevada doesn't have an estate tax, and very few people need to worry about federal estate taxes. Only people with estates worth several million dollars need to think about federal estate taxes, but a will won't help them avoid taxes. For more information on estate taxes, read Estate Tax: Will Your Estate Have to Pay?

Can someone challenge my will?

Yes, it's theoretically possible that someone could challenge your will. But very few wills are challenged in court because it's difficult to challenge a will.

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