1. With regard to an electronic record of an electronic will, a qualified custodian shall provide access to or information concerning the electronic will or the certified paper original of the electronic will only to:
(a) The testator or another person as directed by the written instructions of the testator; and
(b) After the death of the testator, the nominated personal representative of the testator or any interested person.
2. A qualified custodian may, in the absolute discretion of the qualified custodian, destroy the electronic record of an electronic will at any of the following times:
(a) One year after notice of entry of an order admitting any will to probate;
(b) After ceasing to serve as the qualified custodian of the electronic record of the electronic will upon the appointment of a successor qualified custodian pursuant to NRS 133.310;
(c) If the electronic will has been converted to a certified paper original in accordance with NRS 133.340 and the qualified custodian complies with subsection 4, after 30 days’ written notice to the testator;
(d) If a certification of revocation has been created in accordance with subsection 7 of NRS 133.340 and the qualified custodian complies with subsection 4, after 30 days’ written notice to the testator;
(e) Pursuant to the direction of a testator in a writing executed with the same formalities required for the execution of a will or an electronic will; or
(f) Upon court order authorizing the destruction of the electronic will.
3. Subject to the provisions of subsection 4, if a certification of revocation has been created pursuant to subsection 7 of NRS 133.340, a qualified custodian may, in the absolute discretion of the qualified custodian, destroy the electronic record of an electronic revocation at any of the following times:
(a) One year after notice of entry of an order admitting any will to probate;
(b) If the requirements of subsection 3 of NRS 133.310 are met, after ceasing to serve as the qualified custodian of the electronic will upon the appointment of a successor qualified custodian pursuant to NRS 133.310;
(c) Pursuant to the direction of a testator in a writing executed with the same formalities required for the execution of a will or an electronic will;
(d) After 30 days’ written notice to the testator; or
(e) Upon court order authorizing the destruction of the electronic record of the electronic will.
4. Before destroying an electronic will or an electronic revocation, the qualified custodian shall make reasonable efforts to provide to the testator the electronic record of the electronic will and electronic revocation.
(Added to NRS by 2017, 3437; A 2021, 965)
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.