Will Revocation and Revival Requirements in Nevada

At a glance

Requirements one by one

Governing law and scope

Nevada's principal revocation and revival rules are NRS 133.110 through 133.130. They distinguish ordinary written wills, electronic wills, electronic revocations, and electronic wills converted into certified paper originals. Under § 133.320(3), the statutory requirements governing an electronic will also govern an electronic codicil and electronic revocation unless another law provides otherwise.

Later will, codicil, or writing

Section 133.120(1) lets a properly executed written will or codicil, a properly executed electronic will, or a compliant electronic revocation revoke a paper will. The paper-will paragraph does not separately state an express-versus-inconsistency test.

For an electronic will, § 133.120(2)(a) is explicit: a later properly executed will, codicil, electronic will, or other writing may revoke all or part either expressly or by inconsistency. An informal note does not fit the requirement that the later writing be executed as Chapter 133 prescribes.

Physical or electronic revoking act

The listed acts for a paper will are burning, tearing, cancelling, or obliterating the will with intent to revoke it. The same acts apply to the certified paper original of an electronic will after conversion.

An electronic revocation uses a different route. Section 133.120 and § 133.085(1) require an electronic record containing the date and the testator's electronic signature, plus at least one qualifying authentication characteristic, electronic notary signature and seal, or set of two attesting-witness electronic signatures.

Act by another person

Another person may perform the listed act against a paper will or certified paper original only in the testator's presence and at the testator's direction. Section 133.120 states no separate witness count or quantified proof standard for that directed act.

Partial revocation

Nevada expressly permits a later properly executed writing to revoke all or part of an electronic will. The physical-act paragraphs instead refer to burning, tearing, cancelling, or obliterating “the will” or “the certified paper original” and do not expressly state that marking only a provision revokes that part.

Intent, proof, and presumptions

The physical-act route requires an intention to revoke. The cited revocation sections do not give a numerical evidence standard or create a presumption merely because an original is missing or damaged.

Electronic records add a preservation overlay. Under § 133.340(7), a qualified custodian to turn an electronic revocation into a paper certification containing the revocation text and an affidavit describing creation, custody, alteration status, custodians, and the related stored records.

Divorce, annulment, and other family events

Under § 133.110, marriage after execution revokes the will only as to the surviving spouse unless the spouse was covered by a marriage contract, was provided for or intentionally omitted in the will, or received an intended substitute transfer outside the will. The spouse receives the intestate share, and consistent remaining provisions stay intact.

Divorce or annulment revokes every devise, beneficial interest, and designation as personal representative given to the former spouse in a predissolution will. The exception is an approved property or separation agreement or an order in the divorce or annulment proceeding; otherwise the will operates as if the former spouse predeceased the testator.

A child born after execution receives an intestate share under § 133.160 unless a stated intentional-omission or outside-transfer exception applies. The section preserves will provisions consistent with that share rather than declaring the will revoked.

Revival after a later will or revoking act

Under § 133.130, when a valid second will included provisions revoking the first. Destroying, cancelling, or otherwise revoking the second will does not by itself revive the first. Revival requires either intent shown by the terms or manner of the later revocation, or reexecution of the first will.

What trips people up

Paper and electronic wills do not use identical revocation routes. A physical act can revoke a certified paper original of an electronic will, but making an electronic revocation requires the date, electronic signature, and one of the authentication, notary, or witness features incorporated through § 133.085.

Destroying a newer will is not a reliable way to restore an older one. Section 133.130 makes the result depend on evidence of revival intent or a reexecuted first will, even when the older original still exists.

Common questions

Does separation alone revoke a gift to a Nevada spouse?

Not under § 133.115. Its automatic former-spouse rule begins with divorce or annulment and recognizes court-approved agreement and court-order exceptions.

Does a later marriage revoke the entire Nevada will?

No. Section 133.110 revokes the will only as to the surviving spouse and preserves the remaining provisions to the extent they are consistent with the spouse's intestate share.

Can a qualified custodian make a paper record of an electronic revocation?

Yes. Section 133.340(7) permits a certification made from a certified paper original of the electronic will plus a tangible record containing the revocation text and the required custody affidavit.

Statutes and sources

• NRS 133.085 and 133.120 — electronic requirements and revocation routes. Section 133.085 supplies the electronic-record, date, signature, and authentication features incorporated by § 133.120; § 133.120 separates paper, electronic, and certified-paper methods. Official text (accessed 2026-08-01).
• NRS 133.110, 133.115, and 133.160 — family events. Later marriage revokes only as to the spouse, divorce or annulment revokes specified former-spouse provisions, and a later-born child may receive a share without revoking consistent will terms. Official text (accessed 2026-08-01).
• NRS 133.130 — revival. Revocation of a second expressly revoking will does not revive the first without shown revival intent or reexecution. Official text (accessed 2026-08-01).
• NRS 133.320 and 133.340 — electronic-codicil and certification overlay. Electronic-will requirements generally carry over to electronic codicils and revocations, and a qualified custodian may create the specified paper certification of an electronic revocation. Official text (accessed 2026-08-01).