Simple Will - Nevada

LAST WILL AND TESTAMENT

of
[TESTATOR FULL LEGAL NAME]

TABLE OF CONTENTS

1. Article I ‒ Declaration and Identification
2. Article II ‒ Definitions
3. Article III ‒ Appointment of Personal Representative
4. Article IV ‒ Disposition of Property
5. Article V ‒ Guardianship of Minor Children
6. Article VI ‒ Administrative Powers & Executor Indemnity
7. Article VII ‒ No-Contest & Injunctive Relief
8. Article VIII ‒ Governing Law; Forum
9. Article IX ‒ Miscellaneous
10. Article X ‒ Execution & Witness Attestation
11. Article XI ‒ Self-Proving Affidavit

ARTICLE I

DECLARATION AND IDENTIFICATION

1.1 Testator. I, [TESTATOR FULL LEGAL NAME], presently residing at [TESTATOR ADDRESS], being over the age of eighteen (18) years and of sound mind and memory (NRS 133.020), and acting voluntarily and free from duress or undue influence, hereby declare this instrument to be my Last Will and Testament (this “Will”), revoking all prior wills and codicils.

1.2 Family Information.
a. Spouse: [SPOUSE NAME].
b. Children: [CHILD NAME 1], [CHILD NAME 2], and any other child hereafter born to or adopted by me (collectively, my “Children”).

ARTICLE II

DEFINITIONS

For purposes of this Will, capitalized terms have the meanings set forth below; terms not defined shall be construed according to customary Nevada probate usage.

“Administrator” means the court-appointed fiduciary if the Personal Representative is unable or unwilling to serve.

“Estate” means all property—real, personal, tangible, intangible, vested, contingent, or expectant—over which I have testamentary power at death.

“Personal Representative” means the executor, executrix, or administrator serving under Article III (see NRS 132.265, defining “personal representative” to include an executor, administrator, or special administrator).

“Per Stirpes” means in accordance with the rules of representation under Nevada probate law.

“Residuary Estate” means the remainder of my Estate after payment of debts, expenses, taxes, and specific gifts.

ARTICLE III

APPOINTMENT OF PERSONAL REPRESENTATIVE

3.1 Primary Appointment. I nominate and appoint [PRIMARY EXECUTOR NAME] of [CITY, STATE] as Personal Representative of my Estate.

3.2 Alternate. If the Primary Personal Representative is unable or unwilling to serve, I nominate [ALTERNATE EXECUTOR NAME] of [CITY, STATE] as successor.

3.3 Bond. I request that no bond be required of any Personal Representative named herein. Under NRS 142.020, the requirement of a bond is discretionary with the district court: the court may dispense with a bond it determines to be unnecessary, or, notwithstanding this waiver request, may require a bond under NRS 142.070 if it determines a bond is desirable. Before letters are issued, each Personal Representative must take and subscribe the statutory oath required by NRS 142.010.

3.4 Independent Administration. I direct that, to the fullest extent permitted by NRS 143.300 to 143.815, inclusive (the Nevada Independent Administration of Estates Act), my Personal Representative be granted full authority to administer my Estate without court supervision, except for those actions that NRS 143.370 requires to be submitted to the district court for approval regardless of a grant of independent administration authority.

ARTICLE IV

DISPOSITION OF PROPERTY

4.1 Specific Bequests.
a. I give [DESCRIPTION OF ITEM OR AMOUNT] to [BENEFICIARY NAME], if he or she survives me.
b. [Add additional specific bequests as needed.]

4.2 Residuary Disposition. I give the residue of my Estate, in equal shares [or alternate fractional description], to my Children per stirpes.

4.3 Contingent Disposition. If no beneficiary designated herein survives me, I give my Residuary Estate to [CHARITY OR ULTIMATE BENEFICIARY].

ARTICLE V

GUARDIANSHIP OF MINOR CHILDREN

5.1 Guardian. If, at my death, any of my Children are minors, I nominate [PRIMARY GUARDIAN NAME] to serve as guardian of the person and estate of such minor Children, pursuant to NRS 159A.062, which authorizes a parent to nominate a guardian for a minor child by will.

5.2 Alternate Guardian. If the Primary Guardian is unable or unwilling to serve, I nominate [ALTERNATE GUARDIAN NAME].

5.3 Statutory Preference. Under NRS 159A.061, a nomination of guardian contained in a will is one of the factors the district court must consider in determining who is most suitable to serve, and a fit, qualified parent is preferred over all others; however, the nomination in this Article is not binding on the court and does not override the paramount best-interests standard applied to a proposed protected minor.

ARTICLE VI

ADMINISTRATIVE POWERS & EXECUTOR INDEMNITY

6.1 Powers. In addition to the powers granted to a personal representative under NRS Chapter 143 (including, where independent administration authority is granted, NRS 143.375), my Personal Representative may, without further court order except as required by NRS 143.370:
a. Sell, lease, exchange, mortgage, or otherwise dispose of Estate assets, with or without security and upon such terms as the Personal Representative deems prudent, subject to NRS 143.380 (sale of estate property) and NRS 143.175 (permitted investments).
b. Settle or compromise claims for or against the Estate.
c. Make elections and allocations for federal or state tax purposes.
d. Continue, incorporate, or liquidate any business in which I held an interest, consistent with NRS 143.050.

6.2 Indemnity; Liability Cap. My Personal Representative shall be indemnified from, and his or her liability limited solely to, the assets of the Estate, except for losses arising from the Personal Representative’s willful misconduct or gross negligence. No Personal Representative shall be personally liable for any act or omission made in good-faith administration of my Estate, without limiting the Personal Representative’s fiduciary duties of care, loyalty, and confidentiality (including as applied to digital assets under NRS 722.420) owed to the Estate and its beneficiaries.

ARTICLE VII

NO-CONTEST & INJUNCTIVE RELIEF

7.1 No-Contest Clause. If any beneficiary (directly or indirectly) contests this Will or any testamentary trust arising hereunder, or takes any other action described in NRS 137.005(3) as conduct that may trigger forfeiture, any share otherwise passing to that beneficiary shall lapse and be disposed of as if such beneficiary predeceased me.

7.2 Nevada's No-Contest Rule. Under NRS 137.005(1), a no-contest clause in a Nevada will must be enforced by the district court to the greatest extent possible, according to its express terms, without regard to whether the challenging devisee acted in good or bad faith or had probable cause — this Article is therefore enforceable on its terms as a matter of Nevada public policy. Notwithstanding the foregoing, NRS 137.005(4) provides that this Article shall not be enforced, and a devisee's share shall not be reduced or eliminated, where the devisee:
a. Acts only to enforce the clear and unambiguous terms of this Will, enforce the devisee's own legal rights to standing in the probate proceeding, obtain court instruction on the proper administration of the Estate or the construction of this Will, or enforce the Personal Representative's fiduciary duties;
b. Is shown, by clear and convincing evidence, to have acted as a product of coercion, undue influence, or a lack of sufficient mental capacity;
c. Enters into an agreement to settle a dispute or resolve any other matter relating to this Will; or
d. Institutes and maintains, in good faith and based on probable cause, legal action seeking to invalidate this Will — meaning that, based on the facts and circumstances available to the devisee, a reasonable person, properly informed and advised, would conclude that this Will is invalid.

7.3 Injunctive Relief. The district court sitting in probate for the county of my residence may issue temporary, preliminary, and permanent injunctions to enforce this Article, to preserve Estate assets, and to prevent dissipation or interference pending resolution of any contest.

ARTICLE VIII

GOVERNING LAW; FORUM

8.1 Governing Law. This Will and all rights hereunder shall be governed by, and construed in accordance with, the laws of the State of Nevada, without regard to conflict-of-laws principles.

8.2 Exclusive Forum. Nevada has no separate "probate court"; under NRS 132.116, probate matters are heard by the district court of the State of Nevada sitting in probate. Exclusive jurisdiction and venue for all probate proceedings relating to this Will shall lie in the district court of the Nevada county in which I reside at my death, or, if I am not then a Nevada resident, the district court of the Nevada county in which my Nevada real property is located, pursuant to NRS 136.010. My Personal Representative, or any other person who has possession of this Will, shall lodge the original of this Will with the clerk of that district court within thirty (30) days after obtaining knowledge of my death, as required by NRS 136.050.

8.3 Arbitration; Jury Trial. Given the exclusive statutory jurisdiction of the Nevada district courts sitting in probate over the validity and construction of this Will, arbitration of a challenge to the validity of all or part of this Will is not available, and jury trial is waived to the fullest extent permitted for probate matters.

ARTICLE IX

MISCELLANEOUS

9.1 Severability. If any provision of this Will is held invalid, the remaining provisions shall remain in full force, provided the overall testamentary plan is not thereby defeated.

9.2 Headings. Headings are for convenience only and shall not affect interpretation.

9.3 Digital Assets. I authorize my Personal Representative, as a fiduciary, to access, manage, and dispose of my digital assets and electronic communications to the full extent permitted under Nevada's Revised Uniform Fiduciary Access to Digital Assets Act of 2015, NRS Chapter 722. Specifically, and without limitation, I grant my Personal Representative the disclosure and access rights described in NRS 722.340 and 722.350 (disclosure of the content of electronic communications and other digital assets of a deceased user) and confirm that, under NRS 722.420, my Personal Representative's authority over such digital assets is subject to the same fiduciary duties of care, loyalty, and confidentiality that apply to my tangible property, and remains subject to any applicable terms-of-service agreement and other law.

9.4 Simultaneous Death. If I and any beneficiary die under circumstances rendering the order of death uncertain, the beneficiary shall be deemed to have predeceased me for purposes of this Will, consistent with Nevada's Uniform Simultaneous Death Act, NRS Chapter 135.

9.5 Definitions Incorporated. All defined terms in Article II are incorporated by reference throughout this Will.

ARTICLE X

EXECUTION & WITNESS ATTESTATION

I, [TESTATOR FULL LEGAL NAME], sign my name to this Will on this [DAY] day of [MONTH, YEAR], at [CITY, NEVADA], declaring that I do so willingly, that I understand the contents of this Will, and that I execute it as my free and voluntary act. This Will is in writing and is signed by me (or, at my express direction, by another person in my presence), and is attested by at least two competent witnesses who subscribe their names to this Will in my presence, as required by NRS 133.040 for a valid, non-electronic, non-holographic will in Nevada.

______________________________
[TESTATOR FULL LEGAL NAME], Testator

ATTESTATION OF WITNESSES

We, the undersigned witnesses, declare that on the date written above, in the presence of each other and of the Testator, the Testator signed and acknowledged this instrument as his/her Last Will and Testament, that we thereafter signed as witnesses at the Testator’s request, and that, to the best of our knowledge, the Testator is at least eighteen (18) years of age, of sound mind, and under no constraint or undue influence.

1. ______________________________
   Print Name: ______________________
   Address: _________________________
   City/State/ZIP: ___________________

2. ______________________________
   Print Name: ______________________
   Address: _________________________
   City/State/ZIP: ___________________

ARTICLE XI

SELF-PROVING AFFIDAVIT
(State of Nevada ‒ County of [COUNTY])

This self-proving affidavit is executed pursuant to NRS 133.050 and 133.055, which provide that a signed and sworn affidavit of the attesting witnesses, taken before any person authorized to administer oaths, must be accepted by the district court as if the witnesses had testified before the court, and that a signature affixed to this affidavit is considered a signature affixed to the Will itself. Although not required for the validity of this Will, a self-proving affidavit facilitates admission of this Will to probate without the need to locate and re-examine the witnesses.

Before me, the undersigned authority, on this day personally appeared [TESTATOR FULL LEGAL NAME], Testator, and [WITNESS #1 NAME] and [WITNESS #2 NAME], witnesses, all being first duly sworn, and the Testator declared to me and to the witnesses in my presence that this instrument is the Testator’s Last Will and Testament and that the Testator had willingly signed or acknowledged it as such. The witnesses, each on oath, stated that they witnessed the execution of the Will, that the Testator subscribed the Will and declared it to be the Testator's last will and testament in their presence, that they thereafter subscribed the Will as witnesses in the presence of the Testator and of each other and at the Testator's request, and that the Testator at the time of execution appeared to them to be of full age and of sound mind and memory.

Subscribed, sworn to, and acknowledged before me by the Testator and the witnesses on this [DAY] day of [MONTH, YEAR].

______________________________
Notary Public, State of Nevada
My Commission Expires: _____________

END OF DOCUMENT