reglab/statecodes huggingface dataset:
2023 Nevada Revised Statutes › Chapter 130 - Interjurisdictional Enforcement of Support › NRS 130.704 - Initiation of support proceeding under Convention by Division of Welfare and Supportive Services of Department of Health and Human Services.

1. In a support proceeding under NRS 130.7011 to 130.713, inclusive, the Division of Welfare and Supportive Services of the Department of Health and Human Services shall:
(a) Transmit and receive applications; and
(b) Initiate or facilitate the institution of a proceeding regarding an application in a tribunal of this State.
2. The following support proceedings are available to the obligee under the Convention:
(a) Recognition or recognition and enforcement of a foreign support order;
(b) Enforcement of a support order issued or recognized in this State;
(c) Establishment of a support order if there is no existing order, including, if necessary, determination of parentage of a child;
(d) Establishment of a support order if recognition of a foreign support order is refused under paragraphs (b), (d) or (i) of subsection 2 of NRS 130.708;
(e) Modification of a support order of a tribunal of this State; and
(f) Modification of a support order of a tribunal of another state or a foreign country.
3. The following support proceedings are available under the Convention to an obligor against which there is an existing support order:
(a) Recognition of an order suspending or limiting enforcement of an existing support order of a tribunal of this State;
(b) Modification of a support order of a tribunal of this State; and
(c) Modification of a support order of a tribunal of another state or a foreign country.
4. A tribunal of this State may not require security, bond or deposit, however described, to guarantee the payment of costs and expenses in proceedings under the Convention.
(Added to NRS by 2009, 120; A 2015, 894, 895)
2023 Nevada Revised Statutes › Chapter 130 - Interjurisdictional Enforcement of Support › NRS 130.705 - Direct request.

1. A petitioner may file a direct request seeking establishment or modification of a support order or determination of parentage of a child. In the proceeding, the law of this State applies.
2. A petitioner may file a direct request seeking recognition and enforcement of a support order or support agreement. In the proceeding, NRS 130.706 to 130.713, inclusive, apply.
3. In a direct request for recognition and enforcement of a Convention support order or foreign support agreement:
(a) A security, bond or deposit is not required to guarantee the payment of costs and expenses; and
(b) An obligee or obligor that in the issuing country has benefited from free legal assistance is entitled to benefit, at least to the same extent, from any free legal assistance provided for by the law of this State under the same circumstances.
4. A petitioner filing a direct request is not entitled to assistance from the governmental entity designated pursuant to NRS 130.703.
5. NRS 130.7011 to 130.713, inclusive, do not prevent the application of laws of this State that provide simplified, more expeditious rules regarding a direct request for recognition and enforcement of a foreign support order or foreign support agreement.
(Added to NRS by 2009, 121; A 2015, 895)
2023 Nevada Revised Statutes › Chapter 130 - Interjurisdictional Enforcement of Support › NRS 130.706 - Registration of Convention support order.

1. Except as otherwise provided in NRS 130.7011 to 130.713, inclusive, a party who is an individual or a support enforcement agency seeking recognition of a Convention support order shall register the order in this State as provided in NRS 130.601 to 130.614, inclusive.
2. Notwithstanding NRS 130.311 and subsection 1 of NRS 130.602, a request for registration of a Convention support order must be accompanied by:
(a) A complete text of the support order or an abstract or extract of the support order drawn up by the issuing foreign tribunal, which may be in the form recommended by the Hague Conference on Private International Law;
(b) A record stating that the support order is enforceable in the issuing country;
(c) If the respondent did not appear and was not represented in the proceedings in the issuing country, a record attesting, as appropriate, either that the respondent had proper notice of the proceedings and an opportunity to be heard or that the respondent had proper notice of the support order and an opportunity to be heard in a challenge or appeal on fact or law before a tribunal;
(d) A record showing the amount of arrears, if any, and the date the amount was calculated;
(e) A record showing a requirement for automatic adjustment of the amount of support, if any, and the information necessary to make the appropriate calculations; and
(f) If necessary, a record showing the extent to which the applicant received free legal assistance in the issuing country.
3. A request for registration of a Convention support order may seek recognition and partial enforcement of the order.
4. A tribunal of this State may vacate the registration of a Convention support order without the filing of a contest under NRS 130.707 only if, acting on its own motion, the tribunal finds that recognition and enforcement of the order would be manifestly incompatible with public policy.
5. The tribunal shall promptly notify the parties of the registration or the order vacating the registration of a Convention support order.
(Added to NRS by 2009, 121; A 2015, 895)
2023 Nevada Revised Statutes › Chapter 130 - Interjurisdictional Enforcement of Support › NRS 130.707 - Contest of registered Convention support order.

1. Except as otherwise provided in NRS 130.7011 to 130.713, inclusive, NRS 130.605 to 130.608, inclusive, apply to a contest of a registered Convention support order.
2. A party contesting a registered Convention support order shall file a contest not later than 30 days after notice of the registration, but if the contesting party does not reside in the United States, the contest must be filed not later than 60 days after notice of the registration.
3. If the nonregistering party fails to contest the registered Convention support order by the time specified in subsection 2, the order is enforceable.
4. A contest of a registered Convention support order may be based only on grounds set forth in NRS 130.708. The contesting party bears the burden of proof.
5. In a contest of a registered Convention support order, a tribunal of this State:
(a) Is bound by the findings of fact on which the foreign tribunal based its jurisdiction; and
(b) May not review the merits of the order.
6. A tribunal of this State deciding a contest of a registered Convention support order shall promptly notify the parties of its decision.
7. A challenge or appeal, if any, does not stay the enforcement of a Convention support order unless there are exceptional circumstances.
(Added to NRS by 2009, 122; A 2015, 895)
2023 Nevada Revised Statutes › Chapter 130 - Interjurisdictional Enforcement of Support › NRS 130.708 - Recognition and enforcement of registered Convention support order.

1. Except as otherwise provided in subsection 2, a tribunal of this State shall recognize and enforce a registered Convention support order.
2. The following grounds are the only grounds on which a tribunal of this State may refuse recognition and enforcement of a registered Convention support order:
(a) Recognition and enforcement of the order is manifestly incompatible with public policy, including the failure of the issuing tribunal to observe minimum standards of due process, which include notice and an opportunity to be heard;
(b) The issuing tribunal lacked personal jurisdiction consistent with NRS 130.201;
(c) The order is not enforceable in the issuing country;
(d) The order was obtained by fraud in connection with a matter of procedure;
(e) A record transmitted in accordance with NRS 130.706 lacks authenticity or integrity;
(f) A proceeding between the same parties and having the same purpose is pending before a tribunal of this State and that proceeding was the first to be filed;
(g) The order is incompatible with a more recent support order involving the same parties and having the same purpose if the more recent support order is entitled to recognition and enforcement under this chapter in this State;
(h) Payment, to the extent alleged arrears have been paid in whole or in part;
(i) In a case in which the respondent neither appeared nor was represented in the proceeding in the issuing foreign country:
(1) If the law of that country provides for prior notice of proceedings, the respondent did not have proper notice of the proceedings and an opportunity to be heard; or
(2) If the law of that country does not provide for prior notice of the proceedings, the respondent did not have proper notice of the order and an opportunity to be heard in a challenge or appeal on fact or law before a tribunal; or
(j) The order was made in violation of NRS 130.711.
3. If a tribunal of this State does not recognize a Convention support order under paragraphs (b), (d), (f) or (i) of subsection 2:
(a) The tribunal may not dismiss the proceeding without allowing a reasonable time for a party to request the establishment of a new Convention support order; and
(b) The governmental entity identified pursuant to NRS 130.703 shall take all appropriate measures to request a child-support order for the obligee if the application for recognition and enforcement was received under NRS 130.704.
(Added to NRS by 2009, 122; A 2015, 895)
2023 Nevada Revised Statutes › Chapter 130 - Interjurisdictional Enforcement of Support › NRS 130.709 - Partial enforcement.

If a tribunal of this State does not recognize and enforce a Convention support order in its entirety, it shall enforce any severable part of the order. An application or direct request may seek recognition and partial enforcement of a Convention support order.
(Added to NRS by 2009, 123; A 2015, 895)
2023 Nevada Revised Statutes › Chapter 130 - Interjurisdictional Enforcement of Support › NRS 130.710 - Foreign support agreement.

1. Except as otherwise provided in subsections 3 and 4, a tribunal of this State shall recognize and enforce a foreign support agreement registered in this State.
2. An application or direct request for recognition and enforcement of a foreign support agreement must be accompanied by:
(a) A complete text of the foreign support agreement; and
(b) A record stating that the foreign support agreement is enforceable as an order of support in the issuing country.
3. A tribunal of this State may vacate the registration of a foreign support agreement only if, acting on its own motion, the tribunal finds that recognition and enforcement would be manifestly incompatible with public policy.
4. In a contest of a foreign support agreement, a tribunal of this State may refuse recognition and enforcement of the agreement if it finds:
(a) Recognition and enforcement of the agreement is manifestly incompatible with public policy;
(b) The agreement was obtained by fraud or falsification;
(c) The agreement is incompatible with a support order involving the same parties and having the same purpose in this State, another state or a foreign country if the support order is entitled to recognition and enforcement under this chapter in this State; or
(d) The record submitted under subsection 2 lacks authenticity or integrity.
5. A proceeding for recognition and enforcement of a foreign support agreement must be suspended during the pendency of a challenge to or appeal of the agreement before a tribunal of another state or a foreign country.
(Added to NRS by 2009, 123; A 2015, 895)
2023 Nevada Revised Statutes › Chapter 130 - Interjurisdictional Enforcement of Support › NRS 130.711 - Modification of Convention child-support order.

1. A tribunal of this State may not modify a Convention child-support order if the obligee remains a resident of the foreign country where the support order was issued unless:
(a) The obligee submits to the jurisdiction of a tribunal of this State, either expressly or by defending on the merits of the case without objecting to the jurisdiction at the first available opportunity; or
(b) The foreign tribunal lacks or refuses to exercise jurisdiction to modify its support order or issue a new support order.
2. If a tribunal of this State does not modify a Convention child-support order because the order is not recognized in this State, subsection 3 of NRS 130.708 applies.
(Added to NRS by 2009, 124; A 2015, 895)
2023 Nevada Revised Statutes › Chapter 130 - Interjurisdictional Enforcement of Support › NRS 130.712 - Personal information; limit on use.

Personal information gathered or transmitted under NRS 130.7011 to 130.713, inclusive, may be used only for the purposes for which it was gathered or transmitted.
(Added to NRS by 2009, 124; A 2015, 895)
2023 Nevada Revised Statutes › Chapter 130 - Interjurisdictional Enforcement of Support › NRS 130.713 - Record in original language; English translation.

A record filed with a tribunal of this State under NRS 130.7011 to 130.713, inclusive, must be in the original language and, if not in English, must be accompanied by an English translation.
(Added to NRS by 2009, 124; A 2015, 895)
2023 Nevada Revised Statutes › Chapter 130 - Interjurisdictional Enforcement of Support › NRS 130.801 - Grounds for rendition.

1. For the purposes of this section and NRS 130.802, "governor" includes a natural person performing the functions of governor or the executive authority of a state covered by this chapter.
2. The Governor of this state may:
(a) Demand that the governor of another state surrender a natural person found in the other state who is charged criminally in this state with having failed to provide for the support of an obligee; or
(b) On the demand of the governor of another state, surrender a natural person found in this state who is charged criminally in the other state with having failed to provide for the support of an obligee.
3. A provision for extradition of natural persons that is not inconsistent with this chapter applies to the demand even if the natural person whose surrender is demanded was not in the state making the demand when the crime was allegedly committed and has not fled therefrom.
(Added to NRS by 1997, 2327)
2023 Nevada Revised Statutes › Chapter 130 - Interjurisdictional Enforcement of Support › NRS 130.802 - Conditions of rendition.

1. Before making a demand that the governor of another state surrender a natural person charged criminally in this State with having failed to provide for the support of an obligee, the Governor of this State may require a prosecutor of this State to demonstrate that at least 60 days previously the obligee had initiated proceedings for support pursuant to this chapter or that the proceeding would be of no avail.
2. If, under the Uniform Interstate Family Support Act or a law substantially similar to that Act, the governor of another state makes a demand that the Governor of this State surrender a natural person charged criminally in that state with having failed to provide for the support of a child or other natural person to whom a duty of support is owed, the Governor may require a prosecutor to investigate the demand and report whether a proceeding for support has been initiated or would be effective. If it appears that a proceeding would be effective but has not been initiated, the Governor may delay honoring the demand for a reasonable time to permit the initiation of a proceeding.
3. If a proceeding for support has been initiated and the natural person whose rendition is demanded prevails, the Governor may decline to honor the demand. If the petitioner prevails and the natural person whose rendition is demanded is subject to a support order, the Governor may decline to honor the demand if the person is complying with the support order.
(Added to NRS by 1997, 2328; A 2007, 136)
2023 Nevada Revised Statutes › Chapter 132 - General Provisions › NRS 132.025 - Definitions.

As used in this title, unless the context otherwise requires, the words and terms defined in NRS 132.030 to 132.370, inclusive, have the meanings ascribed to them in those sections.
(Added to NRS by 1999, 2249; A 2001, 2340; 2007, 895; 2011, 1434; 2015, 3526; 2017, 3436)
2023 Nevada Revised Statutes › Chapter 132 - General Provisions › NRS 132.035 - "Acknowledgment" defined.

"Acknowledgment" means a declaration that an instrument has been executed for the purposes stated therein and, if the instrument was executed in a representative capacity, that the instrument was signed with proper authority and executed as the act of the person represented and identified therein.
(Added to NRS by 1999, 2249)
2023 Nevada Revised Statutes › Chapter 132 - General Provisions › NRS 132.050 - "Beneficiary" defined.

"Beneficiary," as it relates to:
1. A trust, includes a person who has a present or future interest, vested or contingent, and the owner of an interest by assignment or other transfer;
2. A charitable trust, includes any person entitled to enforce the trust;
3. An instrument designating a beneficiary, includes a beneficiary of any nonprobate transfer; and
4. A beneficiary designated in a governing instrument, includes a grantee of a deed, a devisee, a beneficiary of a trust, a beneficiary under a designation, a donee, an appointee or a taker in default under a power of appointment, or a person in whose favor a power of attorney or a power held in any individual, fiduciary or representative capacity is exercised,
but does not include a person who receives less than $100 under a will.
(Added to NRS by 1999, 2249; A 2011, 1434)
2023 Nevada Revised Statutes › Chapter 132 - General Provisions › NRS 132.060 - "Citation" defined.

"Citation" means a document issued by the clerk of the court, as authorized by statute or ordered by the court, requiring a person to appear, directing a person to act or conduct himself or herself in a specified way, or notifying a person of a hearing.
(Added to NRS by 1999, 2250)
2023 Nevada Revised Statutes › Chapter 132 - General Provisions › NRS 132.070 - "Codicil" defined.

"Codicil" means an addition to a will that may modify or revoke one or more provisions of the will, or add one or more provisions to the will, and is signed with the same formalities as a witnessed will, electronic will or holographic will.
(Added to NRS by 1999, 2250; A 2001, 2340)
2023 Nevada Revised Statutes › Chapter 132 - General Provisions › NRS 132.090 - "Designation of beneficiary" defined.

"Designation of beneficiary" means a governing instrument naming a beneficiary of an insurance policy or annuity, of an account designated as payable on death, of a security registered as transferable on death, or of a pension, profit-sharing, retirement or similar benefit plan or other nonprobate transfer.
(Added to NRS by 1999, 2250; A 2011, 1435)
2023 Nevada Revised Statutes › Chapter 132 - General Provisions › NRS 132.100 - "Devisee" defined.

"Devisee" means a person designated in a will to receive a devise. For the purposes of chapters 133, 134, 135 and 148 of NRS, in the case of a devise to an existing trust or trustee, or to a trustee of a trust described by will, the term means the trust or trustee, and not a beneficiary of the trust.
(Added to NRS by 1999, 2250)
2023 Nevada Revised Statutes › Chapter 132 - General Provisions › NRS 132.115 - "Distributee" defined.

"Distributee" means a person who has received property of a decedent from the decedent’s personal representative other than as a creditor or purchaser. A testamentary trustee is a distributee only to the extent of distributed assets or increment thereto remaining in his or her hands. A beneficiary of a testamentary trust to whom the trustee has distributed property received from a personal representative is a distributee of the personal representative. As used in this section, "testamentary trustee" includes a trustee to whom assets are transferred by will to the extent of the devised assets.
(Added to NRS by 1999, 2250)
2023 Nevada Revised Statutes › Chapter 132 - General Provisions › NRS 132.135 - "Expenses of administration" defined.

"Expenses of administration" means funeral expenses and expenses actually and properly incurred by a personal representative in the administration of an estate, including, without limitation, expenses incurred for the maintenance or preservation of the assets of an estate, plus the fees of the personal representative, any attorney retained by the personal representative and any other consultant engaged by him or her.
(Added to NRS by 1999, 2251; A 2017, 1672)
2023 Nevada Revised Statutes › Chapter 132 - General Provisions › NRS 132.145 - "Fiduciary" defined.

1. "Fiduciary" includes, without limitation, a personal representative, guardian, trustee under any trust, whether express, implied, resulting or constructive, bailee, conservator, curator, receiver or trustee in bankruptcy or an attorney in fact, assignee for the benefit of creditors or agent. The term does not include:
(a) A trust protector or trust adviser, except under the terms and conditions expressly provided in the written instrument appointing the trust protector or trust adviser; or
(b) A holder of a power of appointment under the terms of a trust.
2. As used in this section:
(a) "Trust adviser" has the meaning ascribed to it in NRS 163.5545.
(b) "Trust protector" has the meaning ascribed to it in NRS 163.5547.
(Added to NRS by 1999, 2251; A 2017, 1672)
2023 Nevada Revised Statutes › Chapter 132 - General Provisions › NRS 132.155 - "Governing instrument" defined.

"Governing instrument" means:
1. A deed, will, trust, insurance policy or annuity, designated as payable on death;
2. A security registered as transferable on death;
3. A pension, profit-sharing, retirement or similar benefit plan;
4. An instrument creating or exercising a power of appointment or a power of attorney; or
5. A dispositive, appointive or nominative instrument of any similar type.
(Added to NRS by 1999, 2251)
2023 Nevada Revised Statutes › Chapter 132 - General Provisions › NRS 132.175 - "Incapacitated person" defined.

"Incapacitated person" means a person who is impaired by reason of mental illness, mental deficiency, advanced age, disease, weakness of mind or any other cause except minority, to the extent of lacking sufficient understanding or capacity to make or communicate responsible decisions.
(Added to NRS by 1999, 2251)
2023 Nevada Revised Statutes › Chapter 132 - General Provisions › NRS 132.180 - "Interest" defined.

"Interest" means:
1. The whole of any property, real or personal, legal or equitable, present or future, or any part thereof, or any other estate therein;
2. A power to appoint, consume, apply or expend property; or
3. Any other right, power, privilege or immunity relating to property.
(Added to NRS by 1999, 2251)
2023 Nevada Revised Statutes › Chapter 132 - General Provisions › NRS 132.185 - "Interested person" defined.

"Interested person" means a person whose right or interest under an estate or trust may be materially affected by a decision of a fiduciary or a decision of the court. The fiduciary or court shall determine who is an interested person according to the particular purposes of, and matter involved in, a proceeding.
(Added to NRS by 1999, 2252; A 2007, 2395; 2011, 1435; 2015, 3526)
2023 Nevada Revised Statutes › Chapter 132 - General Provisions › NRS 132.255 - "Parent" defined.

"Parent" includes any person entitled to take, or who would be entitled to take if the child died without a will, as a parent by intestate succession from the child whose relationship is in question and excludes any person who is a stepparent, foster parent or grandparent.
(Added to NRS by 1999, 2252)
2023 Nevada Revised Statutes › Chapter 132 - General Provisions › NRS 132.275 - "Probate" defined.

"Probate," used as a noun, means a legal proceeding in which the court has jurisdiction to administer, pay out and distribute the assets of a decedent to the persons entitled to them, including devisees, heirs, creditors and others.
(Added to NRS by 1999, 2253)
2023 Nevada Revised Statutes › Chapter 132 - General Provisions › NRS 132.290 - "Right of representation" defined.

"Right of representation" means the method of distributing property by which, through inheritance or succession, the descendants of a deceased heir take the same share or right in the estate of another person that their parent or other ancestor would have taken if living. A posthumous child is deemed living at the death of his or her parent.
(Added to NRS by 1999, 2253)
2023 Nevada Revised Statutes › Chapter 132 - General Provisions › NRS 132.295 - "Security" defined.

"Security" includes any note, stock, treasury stock, bond, debenture, evidence of indebtedness, certificate of interest or participation in an oil, gas or mining title or lease or in payments out of production under such a title or lease, collateral trust certificate, transferable share, voting trust certificate or, in general, any interest or instrument commonly known as a security, or any certificate of interest or participation, any temporary or interim certificate, receipt or certificate of deposit for, or any warrant or right to subscribe to or purchase any of the foregoing.
(Added to NRS by 1999, 2253)
2023 Nevada Revised Statutes › Chapter 132 - General Provisions › NRS 132.350 - "Trust" defined.

"Trust" means an interest in property held by one person for the benefit of another, established by an instrument executed during the life of the settlor or by the settlor’s will. The term includes an express trust, private or charitable, with additions thereto, wherever and however created. The term also includes a trust created or determined by judgment or decree under which the trust is to be administered in the manner of an express trust.
(Added to NRS by 1999, 2253)
2023 Nevada Revised Statutes › Chapter 132 - General Provisions › NRS 132.370 - "Will" defined.

"Will" means a formal document that provides for the distribution of the property of a decedent upon the death of the decedent. The term includes a codicil and a testamentary instrument that merely appoints an executor, revokes or revises another will, nominates a guardian, or expressly excludes or limits the right of an individual or class to succeed to property of the decedent passing by intestate succession.
(Added to NRS by 1999, 2254)
2023 Nevada Revised Statutes › Chapter 132 - General Provisions › NRS 132.375 - Term: "In the presence."

1. For the purposes of this title, being "in the presence" of a testator, settlor, principal or witness includes, without limitation, being in the same location at the same time or appearing in the same location at the same time by means of audio-video communication.
2. As used in this section, "audio-video communication" has the meaning ascribed to it in paragraph (b) of subsection 3 of NRS 133.088.
(Added to NRS by 2021, 962)
2023 Nevada Revised Statutes › Chapter 133 - Wills › 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)
2023 Nevada Revised Statutes › Chapter 133 - Wills › 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)
2023 Nevada Revised Statutes › Chapter 133 - Wills › 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)
2023 Nevada Revised Statutes › Chapter 133 - Wills › 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)
2023 Nevada Revised Statutes › Chapter 133 - Wills › 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)
2023 Nevada Revised Statutes › Chapter 133 - Wills › 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)
2023 Nevada Revised Statutes › Chapter 133 - Wills › 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]
2023 Nevada Revised Statutes › Chapter 133 - Wills › 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)
2023 Nevada Revised Statutes › Chapter 133 - Wills › 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)
2023 Nevada Revised Statutes › Chapter 133 - Wills › 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 reduced to a certified paper original, 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; A 2021, 962)
2023 Nevada Revised Statutes › Chapter 133 - Wills › 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)
2023 Nevada Revised Statutes › Chapter 133 - Wills › 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)
2023 Nevada Revised Statutes › Chapter 133 - Wills › 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)
2023 Nevada Revised Statutes › Chapter 133 - Wills › 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)
2023 Nevada Revised Statutes › Chapter 133 - Wills › 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)
2023 Nevada Revised Statutes › Chapter 133 - Wills › 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,
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)
2023 Nevada Revised Statutes › Chapter 133 - Wills › NRS 133.120 - Other means of revocation.

1. A written will other than an electronic will may 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;
(c) An electronic will, executed as prescribed in this chapter; or
(d) An electronic revocation that meets the electronic requirements set forth in paragraphs (a) and (b) of subsection 1 of NRS 133.085.
2. An electronic will may be revoked by:
(a) A subsequent will, codicil, electronic will or other writing, executed as prescribed in this chapter, that revokes all or part of the electronic will expressly or by inconsistency;
(b) If the electronic will has been converted to a certified paper original, burning, tearing, cancelling or obliterating the certified paper original, with the intention of revoking the electronic will, by the testator, or by some person in the presence and at the direction of the testator; or
(c) An electronic revocation that meets the electronic requirements set forth in paragraphs (a) and (b) of subsection 1 of NRS 133.085.
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; 2021, 962)
2023 Nevada Revised Statutes › Chapter 133 - Wills › 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)
2023 Nevada Revised Statutes › Chapter 133 - Wills › 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)
2023 Nevada Revised Statutes › Chapter 133 - Wills › 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)
2023 Nevada Revised Statutes › Chapter 133 - Wills › 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)
2023 Nevada Revised Statutes › Chapter 133 - Wills › 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)
2023 Nevada Revised Statutes › Chapter 133 - Wills › 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)
2023 Nevada Revised Statutes › Chapter 133 - Wills › 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)