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Nevada Revised Statutes Title 12. Wills and Estates of Deceased Persons § 133.310. Requirements to cease serving as qualified custodian; appointment of successor qualified custodian

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

1. A qualified custodian may cease serving in such a capacity by:

(a) The conversion of an electronic will into a certified paper original in accordance with NRS 133.340;

(b) The conversion of an electronic revocation into a certification of revocation of the electronic will in accordance with subsection 7 of NRS 133.340; or

(c) The appointment of a successor qualified custodian in accordance with subsection 2.

2. A successor qualified custodian may be appointed as follows:

(a) The successor qualified custodian is designated by:

(1) The testator; or

(2) Except as otherwise provided in subsection 4, the qualified custodian, by providing the testator 30 days' written notice that the qualified custodian has decided to cease serving in such a capacity and designating the successor qualified custodian;

(b) The qualified custodian provides to the successor qualified custodian the electronic record of the electronic will and an affidavit which states:

(1) That the qualified custodian ceasing to act in such a capacity is eligible to act as a qualified custodian in this State and is the qualified custodian designated by the testator in the electronic will or was designated to act in such a capacity by another qualified custodian pursuant to this subsection;

(2) That an electronic record was created at the time the testator executed the electronic will;

(3) That the electronic record has been in the custody of one or more qualified custodians since the execution of the electronic will and has not been altered since the time it was created; and

(4) The identity of all qualified custodians who have had custody of the electronic record since the execution of the electronic will; and

(c) The successor qualified custodian executes a written statement pursuant to subsection 1 of NRS 133.300.

3. If the qualified custodian has custody of the testator's electronic revocation of the electronic will, the qualified custodian shall provide to the successor qualified custodian the electronic record of the electronic revocation and an affidavit stating:

(a) That an electronic record was created at the time the testator revoked the will;

(b) That the electronic record has been in the custody of one or more qualified custodians since the execution of the electronic revocation and has not been altered since the time it was created; and

(c) The identity of all qualified custodians who have had custody of the electronic record since the execution of the electronic revocation.

4. Before the expiration of the 30 days after the qualified custodian gives notice designating a successor qualified custodian pursuant to subparagraph (2) of paragraph (a) of subsection 2, if the testator designates a different successor qualified custodian, the successor qualified custodian whom the testator designates must be the appointed successor qualified custodian.

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Cite this article: FindLaw.com - Nevada Revised Statutes Title 12. Wills and Estates of Deceased Persons § 133.310. Requirements to cease serving as qualified custodian; appointment of successor qualified custodian - last updated January 01, 2025 | https://codes.findlaw.com/nv/title-12-wills-and-estates-of-deceased-persons/nv-rev-st-133-310/

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