1. A qualified custodian of an electronic will:
(a) Must not be an heir of the testator or a beneficiary or devisee under the electronic will.
(b) Shall consistently employ, and store electronic records of electronic wills in, a system that protects electronic records from destruction, alteration or unauthorized access and detects any change to an electronic record.
(c) Shall store in the electronic record of an electronic will each of the following:
(1) A photograph or other visual record of the testator and the attesting witnesses that was taken contemporaneously with the execution of the electronic will;
(2) A photocopy, photograph, facsimile or other visual record of any documentation that was taken contemporaneously with the execution of the electronic will and provides satisfactory evidence of the identities of the testator and the attesting witnesses, including, without limitation, documentation of the methods of identification used pursuant to subsection 4 of NRS 240.1655; and
(3) An audio and video recording of the testator, attesting witnesses and notary public, as applicable, taken at the time the testator, each attesting witness and notary public, as applicable, placed his or her electronic signature on the electronic will, as required pursuant to paragraph (b) of subsection 1 of NRS 133.085.
(d) Shall provide to any court that is hearing a matter involving an electronic will which is currently or was previously stored by the qualified custodian any information requested by the court pertaining to the qualifications of the qualified custodian and the policies and practices of the qualified custodian concerning the maintenance, storage and production of electronic wills.
2. For the purposes of this title, if a qualified custodian or other person is required to provide written notice to a testator, notice shall be deemed to be provided if the qualified custodian or other person delivers written notice to the last known address of the testator.
3. Except as otherwise provided by law, the requirements governing an electronic will also govern an electronic codicil and electronic revocation of a will.
(Added to NRS by 2017, 3436; A 2021, 964)
Structure Nevada Revised Statutes
NRS 133.020 - Sound mind; age.
NRS 133.040 - Valid wills: Requirements of writing, subscription, witnesses and attestation.
NRS 133.060 - Devise to subscribing witness.
NRS 133.065 - Devise and appointment may be conditional.
NRS 133.070 - Creditors as witnesses.
NRS 133.080 - Foreign execution.
NRS 133.085 - Electronic will.
NRS 133.086 - Requirements for self-proving electronic will; acceptance of declaration or affidavit.
NRS 133.087 - Notarization of documents in proceedings related to an electronic will.
NRS 133.088 - Performance of certain notarial acts by electronic means.
NRS 133.090 - Holographic will.
NRS 133.100 - Nuncupative or oral will invalid.
NRS 133.120 - Other means of revocation.
NRS 133.130 - Effect of revocation of subsequent will.
NRS 133.140 - Agreements of testator.
NRS 133.150 - Charges or encumbrances upon estate.
NRS 133.155 - Specific devise passes subject to mortgage or lien existing on date of death.
NRS 133.180 - Sources of unmentioned child’s share.
NRS 133.190 - Effect of advancements.
NRS 133.200 - Death of beneficiary.
NRS 133.210 - Devise of real property.
NRS 133.220 - Interests acquired after execution of will.
NRS 133.300 - Written statement required to serve as qualified custodian.
NRS 133.330 - Access to and destruction of electronic records in custody of qualified custodian.