Legal Question in Wills and Trusts in Nevada
With the recent passing of my Grand Mother, her will was brought forward by one of her great grand daughters. The family knew of the great grand daughter doing the leg work to have a will established for our Grand Mother.
It has now been revealed that the will, though signed by the deceased, was not signed by a notary nor filed with the county/state of Nevada (place of residence and death).
Is this will valid without a notary signature or proper filing?
1 Answer from Attorneys
To be legally enforceable in Nevada, a will must be witnessed by two disinterested persons. A notary is not necessary, and does not replace the need for the two independent witnesses to the testator's signature. Unless the will was completely in your grandmother's own handwriting and does not have anyone else's writing on it (in which case it MAY qualify as a "holographic" will), the absence of those witnesses makes it legally insufficient.
The filing of the will takes place after death, in the county of Grandma's residence at the time of her death, and could still be done if it is a valid will. If her property was valued in excess of $20,000, a probate would then be mandated under Nevada law, and the person named in the will to perform that service (as "executor" or "personal representative") would initiate the process to get court approval for payment of any remaining bills and distribution of the assets that then are left.