1. If it appears to the court that a will cannot be proven as otherwise provided by law because one or more or all the subscribing witnesses to the will, at the time the will is offered for probate, are dead or mentally or physically incapable of testifying or otherwise unavailable, the court may admit the will to probate upon the testimony in person, by deposition or by affidavit of at least two credible disinterested persons that the signature to the will is genuine, or upon other sufficient proof that the signature is genuine.
2. The provisions of subsection 1 do not preclude the court, in its discretion, from requiring in addition, the testimony in person, by deposition or by affidavit of any available subscribing witness, or proof of such other pertinent facts and circumstances as the court deems necessary to admit the will to probate.
[1:192:1945; 1943 NCL § 9931.01]—(NRS A 1975, 1767; 1999, 2265; 2003, 2509)
Structure Nevada Revised Statutes
Chapter 136 - Probate of Wills and Petitions for Letters
NRS 136.010 - Determination of proper court.
NRS 136.020 - Disqualified judge.
NRS 136.040 - Transfer of proceedings back to original court.
NRS 136.060 - Order to produce will; penalty for failure to comply with order.
NRS 136.070 - Persons qualified to petition for probate.
NRS 136.090 - Petition for probate: Requirements; effect of defect.
NRS 136.100 - Petition for probate: Clerk to set for hearing; notice of hearing.
NRS 136.130 - Attesting witnesses to will subpoenaed; unnecessary where self-proving affidavits.
NRS 136.140 - Proof of notice; witnesses to testify orally.
NRS 136.150 - Evidence of subscribing witnesses: Affidavits ex parte.
NRS 136.160 - Proof of will by affidavits of attesting witnesses.
NRS 136.170 - Proof of will when subscribing witnesses are unavailable.
NRS 136.180 - Proof of will by copy.
NRS 136.185 - Proof of electronic will.
NRS 136.190 - Proof of holographic will.
NRS 136.210 - Translation and recording of will in foreign language.
NRS 136.220 - Admissibility of certified copy of will and order admitting will to probate.