A Nevada will needs a signature and two witnesses. It does not need a notary — not to be valid, and, unusually, not even to be self-proving. NRS 133.050 gives Nevada testators a second route most states do not have: the witnesses can sign a declaration under penalty of perjury instead of swearing an affidavit before a notary. Knowing that before the signing changes who has to be in the room.
What NRS 133.040 requires
The will must be in writing and signed by the testator — or, if the testator cannot sign, by an attending person at the testator's express direction. At least two competent witnesses must then subscribe their names in the testator's presence.
That is the whole validity test. Nothing about notaries appears in it.
- In writing.
- Signed by you, or by someone else at your express direction and in your presence.
- Attested by at least two competent witnesses.
- Those witnesses subscribe their names in your presence.
Self-proving: two routes, pick one
A self-proving will can usually be admitted to probate without tracking down the witnesses years later to testify. NRS 133.050 offers two ways to get there, and they are alternatives, not steps.
Option A is the familiar one: the witnesses swear an affidavit before a notary public. Option B is the one Nevada adds: the witnesses sign a declaration under penalty of perjury, with no notary involved at all.
Neither is required. A will with no self-proving page is still a valid Nevada will — it just costs more effort at probate.
Choosing witnesses
Nevada asks for competent witnesses and does not disqualify a beneficiary outright the way some states do. Even so, the conventional practice is to use two witnesses who take nothing under the will, because a witness with an interest is the first thing a contestant looks at.
Who can serve as executor
NRS 138.020 lists who is not qualified: a person under the age of majority, a person convicted of a felony unless the court decides the conviction should not disqualify them, a person the court finds disqualified for conflict of interest, drunkenness, improvidence, or lack of integrity or understanding, and a bank not authorized to do business in Nevada.
Nevada does not disqualify someone simply for living out of state, which is worth knowing if the person you trust most has moved away.
Frequently Asked Questions
Does a Nevada will have to be notarized?
No. NRS 133.040 requires a signature and two witnesses. A notary is only one of the two options for making the will self-proving, and even that is optional.
What is the declaration option under NRS 133.050?
Instead of swearing an affidavit before a notary, your witnesses may sign a declaration under penalty of perjury. It makes the will self-proving the same way, without a notary.
Can someone else sign my will for me?
Yes, if you cannot sign yourself. NRS 133.040 allows an attending person to sign at your express direction and in your presence.
Can my executor live in another state?
Nevada's disqualification list at NRS 138.020 does not include nonresidency for an individual. Confirm the practical details — bonding, service of process, travel — before naming someone far away.