Nev. Rev. Stat. » NRS: CHAPTER 133 - WILLS
Nevada Revised Statutes

Nev. Rev. Stat. § 133.040 (2026)

Valid wills: Requirements of writing, subscription, witnesses and attestation

✓ current as of July 2026
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NRS 133.040  Valid wills: Requirements of writing, subscription, witnesses and attestation.  No will executed in this State, except such electronic wills or holographic wills as are mentioned in this chapter, is valid unless it is in writing and signed by the testator, or by an attending person at the testator’s express direction, and attested by at least two competent witnesses who subscribe their names to the will in the presence of the testator.

      [3:61:1862; A 1915, 36; 1919 RL § 6204; NCL § 9907]—(NRS A 1999, 2254; 2001, 2341)

     

Notes of Decisions
Cited in 6 cases (2 in the last 5 years), 1980–2022 · leading case: In Re the Est. of Friedman, 6 P.3d 473 (Nev. 2000).
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In Re the Est. of Friedman, 6 P.3d 473 (Nev. 2000). · cites it 14× “OPINION Per Curiam: This is an appeal from a district court order denying admission of a will to probate on the basis that the will was not attested by at least two competent witnesses as required by NRS 133.040. *683 The issue in this appeal is whether the signature of a notary…”
Howard Hughes Med. Inst. v. Gavin, 621 P.2d 489 (Nev. 1980). “NRS 133.040. While a testator’s declarations may be useful in interpreting ambiguous terms of an established will or in corroborating other competent evidence, they cannot be substituted for one of the witnesses required by NRS 136.”
In re Est. of Sweet, 2022 NV 68 (Nev. 2022). · cites it 16× “The probate commissioner therefore recommended that the will "be admitted to probate under either NRS 133A.060 or NRS 133.040- l.1050" and "be interpreted to dispose of the entirety of the [e] state to Illisgen].”
Est. of Maxey v. Darden, 187 P.3d 144 (Nev. 2008). · cites it 3× “In Friedman, we held that a notary’s signature on a self-proving affidavit attached to a will could constitute an attestation within the meaning of NRS 133.040, the statute governing the validity of wills.”
In re Est. of Sweet (Nev. 2022). · cites it 8× “The probate commissioner therefore recommended that the will "be admitted to probate under either NRS 133A.060 or NRS 133.040- l.1050" and "be interpreted to dispose of the entirety of the [e] state to Illisgen].”
In Re: Est. of Feldman (Nev. 2015). · cites it 2× “Regarding the March 16 will, the probate commissioner and the district court found that the March 16 will was not a valid will because it contained the signature of only one witness, in violation of NRS 133.040. To the extent that the March 16 will contains only one signature,…”
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