One thing that people tend to back-burner when moving to a new state is consideration of how the laws will change. In Nevada, a common question among those who’ve relocated from other states concerns the validity of estate planning documents – specifically, wills – that were created elsewhere.
As a local, Nevada law firm, Clear Counsel Law Group deals with issues of this sort on a regular basis. It’s an opportunity to expand the understanding of how Nevada handles out-of-state wills.
Valid There, Valid Here
Nevada, particularly Las Vegas, is a melting pot, attracting retirees from across the United States. These new residents often bring along estate planning documents, including wills, made in their previous state of residence. They don’t want to have their documents redone in Nevada, they may have had them put together right before moving, updates for the new Nevada property or sale of the out-of-state one.
Nevada law states that if a will was valid in the state where it was created at the time of its creation, it will be considered valid in Nevada, even if the requirements for a valid will differ between the two states. The statutes here align with other Nevada estate laws that encourage cooperation and a middle-ground with other states rather than strict and incidental implementations. This acceptance is not universal though, while an out-of-state will is valid on its face, that doesn’t make every dispensation in the will enforceable or valid.
For example, while Nevada requires two witnesses to sign a typewritten will, other states may have different requirements, such as needing only one witness or requiring a notary’s signature. Nevada respects these differences due to the principle of ‘full faith and credit’ enshrined in the U.S. Constitution, which allows for the recognition of legal documents across state borders.
Understanding Nevada’s Requirements for a Valid Will
In Nevada, a valid typewritten will must have the following:
- The signature of the person creating the will.
- Two witnesses who sign the will, attesting that the person appeared to be of sound mind and free from undue influence.
One crucial point to note is that if a beneficiary of the will also serves as a witness, under Nevada law, their gift in the will is invalidated. The will itself remains valid but not this specific gift (dispensation). Now this is only for one or two signees. If there are three witnesses and only one is a beneficiary, their gift would still be valid. Legally, as long as two witnesses were not mentioned in the will, it could be signed by any number of beneficiaries but there’s really no place where that’s going to come up.
Nevada Courts’ Treatment of Out-of-State Wills
When an out-of-state will is presented in Nevada, especially in the Las Vegas area, courts typically accept a letter of opinion from an attorney licensed in the state where the will was made. This letter should confirm that the will complies with that state’s legal requirements. In non-disputed cases, this letter often suffices for the Nevada court to accept the will for probate.
However, in disputed situations, a court may require more than just a letter of opinion and may make its own determination on the will’s validity.
What if There’s a Dispute?
In cases where the validity of an out-of-state will is contested, Nevada courts will take a closer look. The process may become more complex, and the courts may decide based on Nevada law and the particular circumstances of the case.
The largess offered by Nevada to accommodate out-of-state wills only goes so far. Once complications arise, Nevada courts defer back to the state of origin to deal with the issue or, if Nevada law needs to be applied, that is done without regard to intent.
Best Practices for a Will in Nevada
If you’re a new Nevada resident with an out-of-state will, you might want to hang on to that will and not redo your will under Nevada law. The will can be considered valid and if you don’t anticipate trouble, its probably fine to hold onto or wait for a bigger change to get documents updated.
While it’s not always necessary to update the will itself, it’s a good idea to consult with a Nevada estate planning attorney to ensure your will meets your current needs and complies with Nevada law in areas that might make for troubling disputes.
As always, if your life circumstances have changed since you moved it is worth updating a will to reflect your current situation.
Moving to Nevada with an out-of-state will isn’t going to require you to immediately get a new one drafted. However, given the nuances of estate law and the potential for disputes, it’s advisable to consult with a Nevada estate planning attorney. Estate planning is about peace of mind and guarantees for the future, so it’s expected that any sizable change calls for a review of the estate plan.