What Is Holographic Wills In Nevada
Holographic wills are handwritten and testator-signed documents that bear the same legal value as lawyer-written wills. Here’s what the Nevada law provides in regard to holographic wills:
1. In order for a document to be a holographic will, it has to be dated and signed by the hand of the testator. There’s no need for this document to be notarized or witnessed to be valid. It is a stand-alone document that may be made anywhere in the world, not necessarily on the territory of this State.
In conclusion, there are three conditions to be met for a holographic will to be valid: to be signed, dated, and handwritten by its author.
In Nevada, holographic wills are considered valid. Nevertheless, there are a few reasons why you may want to avoid using them:
- Probate Avoidance. Even though they are perfectly valid, holographic will don’t help an individual avoid probate. According to most attorneys of law, you should try to avoid probate, as it is a cumbersome and costly process. For those who don’t know what this is, probate is the court-supervised process that handles the distribution of one’s assets to beneficiaries.
- Admitting A Holographic Will To Court. Even though they are legal, a court may not accept holographic wills unless they provide “authentication satisfactory to the court.” In other words, the court reserves the right to ask for proof that the will was indeed written by its author. This proof may include affidavits from people who were familiar with the testator or even a handwriting analysis from an expert. This is usually a costly and time-consuming process.
- Legal Advice. Many individuals creating their will do it without seeking legal advice. Oftentimes we see wills that lack important provisions or are incorrectly done. The will should express the wish of an individual when they have no longer the ability to speak for themselves. In order to ensure everything is clear, a person creating their will should use legal advice.
When used properly, holographic wills are legal in the state of Nevada. Should you wish to create your own holographic will or ask us for more details regarding the structure of such a document, feel free to reach out to us right away! Our attorneys will answer all of your questions to help you create a functional will.
The Law Office of Roger A. Giuliani, P.C.
500 N Rainbow Blvd #300, Las Vegas, NV 89107