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What happens if your loved one wrote their own will?

On Behalf of | Aug 27, 2022 | Probate Litigation

Experiencing the death of a family member is never easy. Still, in the midst of your grief, you find that they chose you to help execute their will.

Depending on your family, they may have been open about their final plans, or you may have been surprised to find a handwritten will.

Here’s what you should know about handwritten wills and the rules in Nevada.

Is it valid?

Rules regarding wills vary significantly among the states. In some states, a handwritten will is never valid; in others, there is a long list of rules for a valid holographic—handwritten–will. Nevada, however, has a short list of requirements for testators who choose to write their own will:

Testator over 18 and of sound mind

Handwrite the provisions of the will, their signature and the date

Anyone who fulfills these requirements can create a will on their own, with or without witnesses. However, it is essential to note that the will must be written; it cannot be nuncupative or oral.

Does this make probate more complex?

When the will does not include some of the details of the estate, such as debts or some of the smaller assets, it can make probate challenging. While your loved one may not have included paying their debts in their will, there are several debts that the estate may still be responsible for.

Often, a holographic will means many questions about what your loved one would have wanted and what happens with the parts of the estate that are not part of the handwritten will. In some cases, you may need to rely on the Nevada rules for intestate succession.

Regardless of the type of will, probate can be a complex process. It can be helpful to have the support of a skilled professional.

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