What is a Holographic Will?
A will enables the testator, the person making the will, to set out how they want their estate divided after they pass away. Many wills are formal documents that are signed, notarized and witnessed by two people. Sometimes, though, a person’s last will and testament is a handwritten document referred to as a holographic will.
Holographic wills in Nevada that are written to comply with the provisions of the law are just as legal as formally executed wills. It is important, therefore, to have a Las Vegas Probate attorney review the handwritten document to help determine the validity of the will.
Holographic Will Legal Requirements
According to Nevada Revised Statute (NRS 133.090), every resident who is of sound mind and over the age of 18 may write a holographic will to dispose of their estate and pay any outstanding debts. A holographic will in Nevada as defined by state law, is a will wherein the signature, date and “material provisions” are handwritten by the testator. Material provisions refer to the important parts of the will that list the property or possessions to be given to the beneficiaries named in the will, upon the death of the testator.
Holographic wills may meet legal requirements even if the signature was not witnessed or notarized. Additionally, no other forms or declarations need be attached to the holographic will for it to be considered a valid will. Nevada law recognizes holographic wills that are written in Nevada as well as outside of the state.
Why A Person May Write a Holographic Will
There may be various reasons why a person might decide to write a holographic will versus a formally executed one. The testator may want to ensure that the will states in their own words exactly what they want to happen after their death. Maybe, they feel that a handwritten will is more personable or that the estate is small and they can handle the writing of the will themselves.
Consult a Probate Attorney
Regardless of the reason, it is important that a will clearly presents the wishes of the testator. Because all of the necessary details of a will may not be fully addressed in a holographic will, it is important that you always consult with a Las Vegas probate attorney before writing a will. This can help prevent some of the problems and issues that may arise with a holographic will after the person’s death. Call probate attorney Rob Telles with Accolade Law to schedule a free consultation today.