[Rev. 6/2/2018 3:03:34 PM--2017]

CHAPTER 133 - WILLS

WHO MAY MAKE A WILL

NRS 133.020           Sound mind; age.

EXECUTION

NRS 133.040           Valid wills: Requirements of writing, subscription, witnesses and attestation.

NRS 133.045           Disposition of certain tangible personal property by reference to list or statement; requirements.

NRS 133.050           Attesting witnesses may sign self-proving declarations or affidavits to be attached to or associated with will.

NRS 133.055           Signature affixed to self-proving affidavit or declaration that is attached to will considered signature affixed to will.

NRS 133.060           Devise to subscribing witness.

NRS 133.065           Devise and appointment may be conditional.

NRS 133.070           Creditors as witnesses.

NRS 133.080           Foreign execution.

NRS 133.085           Electronic will.

NRS 133.086           Requirements for self-proving electronic will; acceptance of declaration or affidavit.

NRS 133.087           Notarization of documents in proceedings related to an electronic will.

NRS 133.088           Performance of certain notarial acts by electronic means.

NRS 133.090           Holographic will.

NRS 133.100           Nuncupative or oral will invalid.

REVOCATION

NRS 133.110           Revocation by marriage; effect upon rights of surviving spouse; effect of such rights on remaining provisions of will.

NRS 133.115           Revocation of provisions in favor of former spouse on divorce or annulment; exceptions.

NRS 133.120           Other means of revocation.

NRS 133.130           Effect of revocation of subsequent will.

PROPERTY PASSING BY WILL

NRS 133.140           Agreements of testator.

NRS 133.150           Charges or encumbrances upon estate.

NRS 133.155           Specific devise passes subject to mortgage or lien existing on date of death.

KINDRED NOT MENTIONED IN WILL WHO SHARE IN ESTATE

NRS 133.160           Rights of child born after making of will by parent of child; effect of such rights on remaining provisions of will.

NRS 133.170           Omission of child or grandchild presumed intentional; rights of child or grandchild if omission found unintentional.

NRS 133.180           Sources of unmentioned child’s share.

NRS 133.190           Effect of advancements.

NRS 133.200           Death of beneficiary.

EFFECT OF CERTAIN PROVISIONS

NRS 133.210           Devise of real property.

NRS 133.220           Interests acquired after execution of will.

QUALIFIED CUSTODIANS OF ELECTRONIC WILLS

NRS 133.300           Written statement required to serve as qualified custodian.

NRS 133.310           Requirements to cease serving as qualified custodian; designation of successor qualified custodian; entity as qualified custodian.

NRS 133.320           Restriction on and duties of qualified custodian.

NRS 133.330           Access to and destruction of electronic records in custody of qualified custodian.

NRS 133.340           Affidavit required upon creation of certified paper original of electronic will.

_________

WHO MAY MAKE A WILL

      NRS 133.020  Sound mind; age.  Every person of sound mind, over the age of 18 years, may, by last will, dispose of all his or her estate, real and personal, the same being chargeable with the payment of the testator’s debts.

      [1:61:1862; B § 812; BH § 3000; C § 3071; RL § 6202; NCL § 9905] — (NRS A 1957, 360)

EXECUTION

      NRS 133.040  Valid wills: Requirements of writing, subscription, witnesses and attestation.  No will executed in this State, except such electronic wills or holographic wills as are mentioned in this chapter, is valid unless it is in writing and 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 to the will in the presence of the testator.

      [3:61:1862; A 1915, 36; 1919 RL § 6204; NCL § 9907] — (NRS A 1999, 2254; 2001, 2341)

      NRS 133.045  Disposition of certain tangible personal property by reference to list or statement; requirements.

      1.  Whether or not the provisions relating to electronic wills and holographic wills apply, a will may refer to a written statement or list, including, without limitation, a written statement or list contained in an electronic record, to dispose of items of tangible personal property not otherwise specifically disposed of by the will, other than money, evidences of indebtedness, documents of title, securities and property used in a trade or business.

      2.  To be admissible as evidence of the intended disposition, the statement or list must contain:

      (a) The date of its execution.

      (b) A title indicating its purpose.

      (c) A reference to the will to which it relates.

      (d) A reasonably certain description of the items to be disposed of and the names of the devisees.

      (e) The testator’s handwritten signature or electronic signature.

      3.  The statement or list may be:

      (a) Referred to as a writing to be in existence at the time of the testator’s death.

      (b) Prepared before or after the execution of the will.

      (c) Altered by the testator after its preparation.

      (d) A writing which has no significance apart from its effect upon the dispositions made by the will.

      (Added to NRS by 1983, 198; A 1999, 2254; 2001, 2341)

      NRS 133.050  Attesting witnesses may sign self-proving declarations or affidavits to be attached to or associated with will.

      1.  Any attesting witness to a will, including, without limitation, an electronic will, may sign a declaration under penalty of perjury or an affidavit before any person authorized to administer oaths in or out of the State, stating such facts as the witness would be required to testify to in court to prove the will. The declaration or affidavit must be written on the will or, if that is impracticable, on some paper attached thereto. If the will is an electronic will, the declaration or affidavit must be in a record incorporated as part of, attached to or logically associated with the electronic will. The sworn statement of any witness so taken must be accepted by the court as if it had been taken before the court.

      2.  The affidavit described in subsection 1 may be in substantially the following form:

 

State of Nevada                       }

                                                   }ss.

County of................................ }

 

                                                                   (Date)............................................................

 

       Then and there personally appeared ................ and ................., who, being duly sworn, depose and say: That they witnessed the execution of the foregoing will of the testator, ................; that the testator subscribed the will and declared it to be his or her last will and testament in their presence; that they thereafter subscribed the will as witnesses in the presence of the testator and in the presence of each other and at the request of the testator; and that the testator at the time of the execution of the will appeared to them to be of full age and of sound mind and memory.

 

                                                                   .......................................................................

                                                                                                 Affiant

                                                                   .......................................................................

                                                                                                 Affiant

 

Subscribed and sworn to before me

this ...... day of the month of ...... of the year ......

 

..................................................................

                     Notary Public

 

      3.  The declaration described in subsection 1 may be in substantially the following form:

 

Under penalty of perjury pursuant to the law of the State of Nevada, the undersigned, .................... and ...................., declare that the following is true of their own knowledge: That they witnessed the execution of the foregoing will of the testator, ........................; that the testator subscribed the will and declared it to be his or her last will and testament in their presence; that they thereafter subscribed the will as witnesses in the presence of the testator and in the presence of each other and at the request of the testator; and that the testator at the time of the execution of the will appeared to them to be of full age and of sound mind and memory.

       Dated this ......... day of ................, ............

..................................................  Declarant

..................................................  Declarant

 

      4.  If a testator or a witness signing an affidavit or declaration described in subsection 1 appears by means of audio-video communication, the form for the affidavit or declaration, as set forth in subsections 2 and 3, respectively, must be modified to indicate that fact.

      5.  As used in this section, “audio-video communication” has the meaning ascribed to it in NRS 133.088.

      [Part 1:21:1953] + [2:21:1953] — (NRS A 1985, 1212; 1999, 2255; 2001, 164, 2342; 2017, 3440)

      NRS 133.055  Signature affixed to self-proving affidavit or declaration that is attached to will considered signature affixed to will.  A signature affixed to a self-proving affidavit or a self-proving declaration that is attached to a will and executed at the same time as the will is considered a signature affixed to the will if necessary to prove the execution of the will.

      (Added to NRS by 1997, 1485; A 1999, 2255; 2003, 2508)

      NRS 133.060  Devise to subscribing witness.  All devises in a will to a subscribing witness are void unless there are two other competent subscribing witnesses to the will.

      [Part 4:61:1862; B § 815; BH § 3003; C § 3074; RL § 6205; NCL § 9908] — (NRS A 1999, 2255)

      NRS 133.065  Devise and appointment may be conditional.  Except to the extent that it violates public policy, a testator may:

      1.  Make a devise conditional upon a devisee’s action or failure to take action or upon the occurrence or nonoccurrence of one or more specified events; and

      2.  Specify the conditions or actions which would disqualify a person from serving or which would constitute cause for removal of a person who is serving in any capacity under the will, including, without limitation, as a personal representative, guardian or trustee.

      (Added to NRS by 2011, 1435)

      NRS 133.070  Creditors as witnesses.  A mere charge on the estate of the testator for the payment of debts shall not prevent the creditors of the testator from being competent witnesses to his or her will.

      [Part 4:61:1862; B § 815; BH § 3003; C § 3074; RL § 6205; NCL § 9908]

      NRS 133.080  Foreign execution.

      1.  Except as otherwise provided in chapter 133A of NRS, if in writing and subscribed by the testator, a last will and testament executed outside this State in the manner prescribed by the law, either of the state where executed or of the testator’s domicile, shall be deemed to be legally executed, and is of the same force and effect as if executed in the manner prescribed by the law of this State.

      2.  This section must be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states which enact it.

      3.  As used in this section, “subscribed” includes, without limitation, placing an electronic signature on an electronic will.

      [1:36:1915; 1919 RL p. 3373; NCL § 9929] + [2:36:1915; 1919 RL p. 3374; NCL § 9930] — (NRS A 1999, 2256; 2001, 2343; 2009, 250)

      NRS 133.085  Electronic will.

      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.

      (Added to NRS by 2001, 2340; A 2017, 3441)

      NRS 133.086  Requirements for self-proving electronic will; acceptance of declaration or affidavit.

      1.  An electronic will is self-proving if:

      (a) The declarations or affidavits of the attesting witnesses are incorporated as part of, attached to or logically associated with the electronic will, as described in NRS 133.050;

      (b) The electronic will designates a qualified custodian to maintain custody of the electronic record of the electronic will; and

      (c) Before being offered for probate or being reduced to a certified paper original that is offered for probate, the electronic will was at all times under the custody of a qualified custodian.

      2.  A declaration or affidavit of an attesting witness made pursuant to NRS 133.050 and an affidavit of a person made pursuant to NRS 133.340 must be accepted by a court as if made before the court.

      (Added to NRS by 2017, 3436)

      NRS 133.087  Notarization of documents in proceedings related to an electronic will.

      1.  Notwithstanding any other provision of law, an electronic notary public or other notarial officer may, for purposes of this title, including, without limitation, all purposes relating to the execution and filing of any document with the court in any proceeding relating to an electronic will:

      (a) Notarize the signature or electronic signature of a person, as applicable, who is not in the physical presence of the electronic notary public or other notarial officer if the person is in his or her presence within the meaning of NRS 133.088; and

      (b) Notarize any document relating to a will, codicil or testamentary trust.

      2.  This section must be liberally construed and applied to promote the purposes of NRS 133.085 to 133.088, inclusive, and 133.300 to 133.340, inclusive.

      (Added to NRS by 2017, 3439)

      NRS 133.088  Performance of certain notarial acts by electronic means.

      1.  For purposes of this title, including, without limitation, any declaration or affidavit made by an attesting witness as described in NRS 133.050, for all purposes relating to the execution and filing of any document with the court in any proceeding relating to an electronic will and for purposes of executing a power of attorney pursuant to NRS 162A.220, an advance directive or any document relating to an advance directive:

      (a) A person shall be deemed to be in the presence of or appearing before another person if such persons are in:

             (1) The same physical location; or

             (2) Different physical locations but can communicate with each other by means of audio-video communication.

      (b) An electronic notary public may electronically notarize electronic documents, including, without limitation, documents constituting or relating to an electronic will, in accordance with NRS 240.181 to 240.206, inclusive.

      (c) Any requirement that a document be signed may be satisfied by an electronic signature.

      (d) If a provision of law requires a written record, an electronic record satisfies such a provision.

      (e) Except as otherwise provided in subparagraph (3), regardless of the physical location of the person executing a document or of any witness, if a document is executed electronically, the document shall be deemed to be executed in this State and will be governed by the laws of this State and subject to the jurisdiction of the courts of this State if:

             (1) The person executing the document states that he or she understands that he or she is executing, and that he or she intends to execute, the document in and pursuant to the laws of this State;

             (2) The document states that the validity and effect of its execution are governed by the laws of this State;

             (3) Any attesting witnesses or an electronic notary public whose electronic signatures are contained in the document were physically located within this State at the time the document was executed in accordance with this section; or

             (4) In the case of a self-proving electronic will, the electronic will designates a qualified custodian who, at the time of execution:

                   (I) If a natural person, is domiciled in this State; or

                   (II) If an entity, is organized under the laws of this State or whose principal place of business is located in this State.

      2.  Notwithstanding the provisions of subsection 1, the validity of a notarial act performed by an electronic notary public must be determined by applying the laws of the jurisdiction in which the electronic notary public is commissioned or appointed.

      3.  As used in this section:

      (a) “Advance directive” has the meaning ascribed to it in NRS 449A.703.

      (b) “Audio-video communication” means communication by which a person is able to see, hear and communicate with another person in real time using electronic means.

      (Added to NRS by 2017, 3439)

      NRS 133.090  Holographic will.

      1.  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. It is subject to no other form, and may be made in or out of this State.

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

      3.  Such wills are valid and have the same force and effect as if formally executed.

      [Part 1:111:1895; A 1941, 389; 1931 NCL § 9926] + [2:111:1895; C § 3093; RL § 6224; NCL § 9927] — (NRS A 1959, 21; 1999, 2256)

      NRS 133.100  Nuncupative or oral will invalid.  A nuncupative or oral will is not valid.

      [5:61:1862; B § 816; BH § 3004; C § 3075; RL § 6206; NCL § 9909] — (NRS A 1999, 2256)

REVOCATION

      NRS 133.110  Revocation by marriage; effect upon rights of surviving spouse; effect of such rights on remaining provisions of will.

      1.  If a person marries after making a will and the spouse survives the maker, the will is revoked as to the spouse, unless:

      (a) Provision has been made for the spouse by marriage contract;

      (b) The spouse is provided for in the will, or in such a way mentioned therein as to show an intention not to make such provision, including, without limitation, by a reference in the will to a future spouse by name; or

      (c) The spouse is provided for by a transfer of property outside of the will and it appears that the maker intended the transfer to be in lieu of a testamentary provision.

      2.  When a will is revoked as to the spouse pursuant to subsection 1:

      (a) The spouse is entitled to the same share in the estate of the deceased spouse as if the deceased spouse had died intestate; and

      (b) The remaining provisions of the will remain intact to the extent those provisions are not inconsistent with paragraph (a), including, without limitation, any provision concerning the appointment of a personal representative.

      [10:61:1862; A 1947, 84; 1943 NCL § 9914] — (NRS A 2009, 1623; 2015, 3527)

      NRS 133.115  Revocation of provisions in favor of former spouse on divorce or annulment; exceptions.  Divorce or annulment of the marriage of the testator revokes every devise, beneficial interest or designation to serve as personal representative given to the testator’s former spouse in a will executed before the entry of the decree of divorce or annulment unless otherwise:

      1.  Provided in a property or separation agreement which is approved by the court in the divorce or annulment proceedings; or

      2.  Ordered by the court in the divorce or annulment proceedings,

Ê and the will takes effect in the same manner as if the former spouse had died before the testator.

      (Added to NRS by 1967, 804; A 1999, 2257)

      NRS 133.120  Other means of revocation.

      1.  A written will other than an electronic will may only be revoked by:

      (a) Burning, tearing, cancelling or obliterating the will, with the intention of revoking it, by the testator, or by some person in the presence and at the direction of the testator;

      (b) Another will or codicil in writing, executed as prescribed in this chapter; or

      (c) An electronic will, executed as prescribed in this chapter.

      2.  An electronic will may only be revoked by:

      (a) Another will, codicil, electronic will or other writing, executed as prescribed in this chapter; or

      (b) Cancelling, rendering unreadable or obliterating the will with the intention of revoking it, by:

             (1) The testator or a person in the presence and at the direction of the testator; or

             (2) If the will is in the custody of a qualified custodian, the qualified custodian at the direction of a testator in an electronic will.

      3.  This section does not prevent the revocation implied by law from subsequent changes in the condition or circumstances of the testator.

      [8:61:1862; B § 819; BH § 3007; C § 3078; RL § 6209; NCL § 9912] — (NRS A 1999, 2257; 2017, 3442)

      NRS 133.130  Effect of revocation of subsequent will.  If, after the making of any will, the testator executes a valid second will that includes provisions revoking the first will, the destruction, cancellation or revocation of the second will does not revive the first will unless:

      1.  It appears by the terms of the revocation or the manner in which the revocation occurred that it was the intention to revive and give effect to the first will; or

      2.  After the destruction, cancellation or revocation, the first will is reexecuted.

      [9:61:1862; B § 820; BH § 3008; C § 3079; RL § 6210; NCL § 9913] — (NRS A 1999, 2257; 2017, 1672)

PROPERTY PASSING BY WILL

      NRS 133.140  Agreements of testator.  A bond, covenant or agreement made by a testator to convey any property devised in any will previously made is not a revocation of the previous devise, but the property passes by the devise, subject to the same remedies on the bond, covenant or agreement, for the specific performance or otherwise, against the devisee, as might be had by law against the heirs of the testator, if the property had descended to them.

      [12:61:1862; B § 823; BH § 3011; C § 3082; RL § 6213; NCL § 9916] — (NRS A 1999, 2257)

      NRS 133.150  Charges or encumbrances upon estate.  A charge or encumbrance upon any estate, for the purpose of securing the payment of money, or the performance of any covenant or agreement, is not a revocation of a will relating to the same estate which was previously executed, but the devises therein contained pass subject to the charge or encumbrance.

      [13:61:1862; B § 824; BH § 3012; C § 3083; RL § 6214; NCL § 9917] — (NRS A 1999, 2257)

      NRS 133.155  Specific devise passes subject to mortgage or lien existing on date of death.  A specific devise passes subject to any mortgage or lien existing on the date of death, without right of exoneration, regardless of a general directive in the will to pay debts.

      (Added to NRS by 1997, 1485; A 1999, 2258)

KINDRED NOT MENTIONED IN WILL WHO SHARE IN ESTATE

      NRS 133.160  Rights of child born after making of will by parent of child; effect of such rights on remaining provisions of will.

      1.  When a child is born after the making of a will by a parent of that child and no provision is made for the child in the will, the child is entitled to the same share in the estate of the testator as if the testator had died intestate, unless:

      (a) It is apparent from the will that it was the intention of the testator that no provision should be made for that child; or

      (b) The testator provided for the omitted child by a transfer of property outside of the will and it appears that the testator intended the transfer to be in lieu of a testamentary provision.

      2.  If, pursuant to subsection 1, a child is entitled to take the same share in the estate of the testator as if the testator had died intestate, the remaining provisions of the will remain intact to the extent those provisions are not inconsistent with this subsection, including, without limitation, any provision concerning the appointment of a personal representative.

      [14:61:1862; B § 825; BH § 3013; C § 3084; RL § 6215; NCL § 9918] — (NRS A 1999, 2258; 2009, 1624)

      NRS 133.170  Omission of child or grandchild presumed intentional; rights of child or grandchild if omission found unintentional.  When the child of a testator or the issue of a deceased child of a testator is omitted from the testator’s will, it must be presumed that the omission was intentional. Should the court find that the omission was unintentional, the child, or the issue of the deceased child, is entitled to the same share in the estate of the testator as if the testator had died intestate.

      [15:61:1862; B § 826; BH § 3014; C § 3085; RL § 6216; NCL § 9919] — (NRS A 1957, 155; 1999, 2258)

      NRS 133.180  Sources of unmentioned child’s share.  When any share of the estate of a testator is assigned to a child born after the making of a will, or to a child or the issue of a child omitted in the will, as mentioned in NRS 133.160 and 133.170, the share must first be taken from the estate not disposed of by the will, if any. If that is not sufficient, so much as is necessary must be taken from all the devisees in proportion to the value they may respectively receive under the will, unless the obvious intention of the testator in relation to some specific devise or other provision in the will would thereby be defeated. In that case, the specific devise or provision may be exempted from the apportionment, and a different apportionment, consistent with the intention of the testator, may be adopted.

      [16:61:1862; B § 827; BH § 3015; C § 3086; RL § 6217; NCL § 9920] — (NRS A 1999, 2258)

      NRS 133.190  Effect of advancements.  If the child or children, or their descendants, so unprovided for, have had an equal proportion of the testator’s estate bestowed upon them in the testator’s lifetime, by way of an advancement, as provided in NRS 151.120, they take nothing under NRS 133.160, 133.170 and 133.180.

      [17:61:1862; B § 828; BH § 3016; C § 3087; RL § 6218; NCL § 9921] — (NRS A 1999, 2258)

      NRS 133.200  Death of beneficiary.  In the absence of a provision in the will to the contrary, if any beneficiary who is a descendant of the testator dies before the testator, leaving lineal descendants, the property, share or beneficial interest that would have been distributed or allocated to that deceased beneficiary must be distributed or allocated to that beneficiary’s descendants then living, by right of representation, to be distributed under the same terms that would have applied to the deceased beneficiary.

      [18:61:1862; A 1937, 48; 1931 NCL § 9922] — (NRS A 1999, 2258; 2011, 1435)

EFFECT OF CERTAIN PROVISIONS

      NRS 133.210  Devise of real property.  Every devise of real property in any will conveys all the estate of the testator therein which could lawfully be devised, unless it clearly appears by the will that the testator intended to convey a lesser estate.

      [19:61:1862; B § 830; BH § 3018; C § 3089; RL § 6220; NCL § 9923] — (NRS A 1999, 2259)

      NRS 133.220  Interests acquired after execution of will.  Any estate, right or interest in real property acquired by the testator after the making of a will passes thereby in like manner as if it had been acquired before the time of making the will, if that manifestly appears by the will to have been the intention of the testator.

      [20:61:1862; B § 831; BH § 3019; C § 3090; RL § 6221; NCL § 9924] — (NRS A 1960, 423; 1999, 2259)

QUALIFIED CUSTODIANS OF ELECTRONIC WILLS

      NRS 133.300  Written statement required to serve as qualified custodian.

      1.  A person must execute a written statement affirmatively agreeing to serve as the qualified custodian of an electronic will before he or she may serve in such a capacity.

      2.  Except as otherwise provided in paragraph (a) of subsection 1 of NRS 133.310, a qualified custodian may not cease serving in such a capacity until a successor qualified custodian executes the written statement required by subsection 1.

      (Added to NRS by 2017, 3438)

      NRS 133.310  Requirements to cease serving as qualified custodian; designation of successor qualified custodian; entity as qualified custodian.

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

      (a) If not designating a successor qualified custodian, providing to the testator:

             (1) Thirty days’ written notice that the qualified custodian has decided to cease serving in such a capacity; and

             (2) The certified paper original of, and all records concerning, the electronic will.

      (b) If designating a successor qualified custodian:

             (1) Providing 30 days’ written notice that the qualified custodian has decided to cease serving in such a capacity to:

                   (I) The testator; and

                   (II) The designated successor qualified custodian; and

             (2) Providing to the successor qualified custodian the electronic record of the electronic will and an affidavit which states:

                   (I) 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 paragraph;

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

                   (III) 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

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

      2.  For purposes of making the affidavit pursuant to subparagraph (2) of paragraph (b) of subsection 1, a qualified custodian is entitled to rely conclusively on any affidavits provided by a predecessor qualified custodian if all such affidavits are provided to the successor qualified custodian.

      3.  Subject to the provisions of NRS 133.300, if the testator designates a successor qualified custodian in a writing executed with the same formalities required for the execution of an electronic will, a qualified custodian shall cease serving in such a capacity and provide to the designated successor qualified custodian:

      (a) The electronic record; and

      (b) The affidavit described in subparagraph (2) of paragraph (b) of subsection 1.

      4.  If a qualified custodian is an entity, an affidavit of a duly authorized officer or agent of such entity constitutes the affidavit of the qualified custodian.

      (Added to NRS by 2017, 3437)

      NRS 133.320  Restriction on and duties of qualified custodian.  A qualified custodian of an electronic will:

      1.  Must not be an heir of the testator or a beneficiary or devisee under the electronic will.

      2.  Shall consistently employ, and store electronic records of electronic wills in, a system that protects electronic records from destruction, alteration or unauthorized access and detects any change to an electronic record.

      3.  Shall store in the electronic record of an electronic will each of the following:

      (a) A photograph or other visual record of the testator and the attesting witnesses that was taken contemporaneously with the execution of the electronic will;

      (b) A photocopy, photograph, facsimile or other visual record of any documentation that was taken contemporaneously with the execution of the electronic will and provides satisfactory evidence of the identities of the testator and the attesting witnesses, including, without limitation, documentation of the methods of identification used pursuant to subsection 4 of NRS 240.1655; and

      (c) An audio and video recording of the testator, attesting witnesses and notary public, as applicable, taken at the time the testator, each attesting witness and notary public, as applicable, placed his or her electronic signature on the electronic will, as required pursuant to paragraph (b) of subsection 1 of NRS 133.085.

      4.  Shall provide to any court that is hearing a matter involving an electronic will which is currently or was previously stored by the qualified custodian any information requested by the court pertaining to the qualifications of the qualified custodian and the policies and practices of the qualified custodian concerning the maintenance, storage and production of electronic wills.

      (Added to NRS by 2017, 3436)

      NRS 133.330  Access to and destruction of electronic records in custody of qualified custodian.

      1.  With regard to an electronic record of an electronic will, a qualified custodian:

      (a) Shall provide access to or information concerning the electronic will or the certified paper original of the electronic will only to:

             (1) The testator or another person as directed by the written instructions of the testator; and

             (2) After the death of the testator, the nominated personal representative of the testator or any interested person; and

      (b) May, in the absolute discretion of the qualified custodian, destroy the electronic record at any time:

             (1) Five or more years after the admission of any will of the testator to probate;

             (2) Five or more years after the revocation of the electronic will;

             (3) Five or more years after ceasing to serve as the qualified custodian of the electronic record of the electronic will pursuant to NRS 133.310;

             (4) Ten or more years after the death of the testator; or

             (5) One hundred and fifty years after the execution of the electronic will.

      2.  At the direction of a testator in a writing executed with the same formalities required for the execution of an electronic will, a qualified custodian shall cancel, render unreadable or obliterate the electronic record.

      (Added to NRS by 2017, 3437)

      NRS 133.340  Affidavit required upon creation of certified paper original of electronic will.

      1.  Upon the creation of a certified paper original of an electronic will:

      (a) If the electronic will has always been in the custody of a qualified custodian, the qualified custodian shall state in an affidavit:

             (1) That the qualified custodian is eligible to act as a qualified custodian in this State;

             (2) That the qualified custodian is the qualified custodian designated by the testator in the electronic will or was designated to act in such a capacity pursuant to paragraph (b) of subsection 1 of NRS 133.310;

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

             (4) 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;

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

             (6) That the certified paper original is a true, correct and complete tangible manifestation of the electronic will; and

             (7) That the records described in subsection 3 of NRS 133.320 are in the custody of the qualified custodian.

      (b) If the electronic will has not always been under the custody of a qualified custodian, the person who discovered the electronic will and the person who reduced the electronic will to the certified paper original shall each state in an affidavit the following information, to the best of their knowledge:

             (1) When the electronic will was created, if not indicated in the electronic will;

             (2) When, how and by whom the electronic will was discovered;

             (3) The identities of each person who has had access to the electronic will;

             (4) The method in which the electronic will was stored and the safeguards in place to prevent alterations to the electronic will;

             (5) Whether the electronic will has been altered since its execution; and

             (6) That the certified paper original is a true, correct and complete tangible manifestation of the electronic will.

      2.  For purposes of making an affidavit pursuant to paragraph (a) of subsection 1, the qualified custodian may rely conclusively on any affidavits delivered by a predecessor qualified custodian.

      (Added to NRS by 2017, 3438)