Legal Question in Wills and Trusts in Nevada

Legality of wills made out of state

In order to be admitted to probate, a Will must be witnessed by 2 independent witnesses, who have signed their names to the Will. An indepedent witness is, of course, not a family member or a person named in the Will to receive an inheritance. As long as the Will is properly witnessed, it doesn''t matter if it is hand written or prepared by an attorney. However, a serious problem can occur if the Witnesses cannot be found after death if the Will does not contain a "self proving" clause. The Witnesses might have to be found in order to testify that they were in fact witnesses to the signing of the Will. The Will would be subject to attack if the Witnesses could not be found. But unless the Will contains unusual clauses, such as disinheriting a close relative, the Nevada Courts usually uphold Wills.