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Nevada Revised Statutes Title 12. Wills and Estates of Deceased Persons § 133.085. Electronic will

Current as of January 01, 2025 | Updated by Findlaw Staff

1. An electronic will is a will of a testator that:

(a) Is created and maintained in an electronic record; and

(b) Contains the date and the electronic signature of the testator and which includes, without limitation, at least one of the following:

(1) An authentication characteristic of the testator;

(2) The electronic signature and electronic seal of an electronic notary public, placed thereon in the presence of the testator and in whose presence the testator placed his or her electronic signature thereon; or

(3) The electronic signatures of two or more attesting witnesses, placed thereon in the presence of the testator and in whose presence the testator placed his or her electronic signature thereon.

2. Every person of sound mind over the age of 18 years may, by last electronic will, dispose of all of his or her estate, real and personal, but the estate is chargeable with the payment of the testator's debts.

3. Except as otherwise provided in NRS 133.085 to 133.088, inclusive, and 133.300 to 133.340, inclusive, all questions relating to the force, effect, validity and interpretation of an electronic will that complies with the provisions of NRS 133.085 to 133.088, inclusive, and 133.300 to 133.340, inclusive, must be determined in the same manner as a will executed in accordance with NRS 133.040.

4. The provisions of this section do not apply to a trust other than a trust contained in an electronic will.

5. As used in this section:

(a) “Authentication characteristic” means a characteristic of a certain person that is unique to that person and that is capable of measurement and recognition in an electronic record as a biological aspect of or physical act performed by that person. Such a characteristic may consist of a fingerprint, a retinal scan, voice recognition, facial recognition, video recording, a digitized signature or other commercially reasonable authentication using a unique characteristic of the person.

(b) “Digitized signature” means a graphical image of a handwritten signature that is created, generated or stored by electronic means.

(c) “Electronic seal” has the meaning ascribed to it in NRS 240.187.

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Cite this article: FindLaw.com - Nevada Revised Statutes Title 12. Wills and Estates of Deceased Persons § 133.085. Electronic will - last updated January 01, 2025 | https://codes.findlaw.com/nv/title-12-wills-and-estates-of-deceased-persons/nv-rev-st-133-085/

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