Nevada Code § 133.340

Affidavit required upon creation of certified paper original of electronic will; certification of revocation after electronic revocation of will
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1. A qualified custodian may cause an
electronic will to be converted into a certified paper original of the
electronic will under the following circumstances:
(a) At the direction of the testator; or
(b) Except as otherwise provided in subsection 9,
with 30 days written notice to the testator that the qualified custodian
intends to convert the electronic will into a certified paper original.
2. An electronic will may be converted
into a certified paper original by creating a tangible document that contains
the following:
(a) The text of the electronic will; and
(b) An affidavit satisfying the requirements of
subsections 3, 4 and 5, as applicable.
3. A qualified custodian converting an electronic
will into a certified paper original shall state all of the following in an
affidavit:
(a) That the qualified custodian is not a person
described in paragraph (a) of subsection 1 of NRS
133.320 ;
(b) That the qualified custodian is the qualified
custodian designated by the testator in the electronic will or was designated
to act in such a capacity pursuant to subsection 2 or 4 of NRS 133.310 ;
(c) That an electronic record was created at the
time the testator executed the electronic will;
(d) That the electronic record has been in the
custody of one or more qualified custodians since the execution of the
electronic will, and has not been altered since the time it was created;
(e) The identity of all qualified custodians who
have had custody of the electronic record since the execution of the electronic
will;
(f) That the certified paper original is a true,
correct and complete tangible manifestation of the electronic will; and
(g) That the records described in paragraph (c)
of subsection 1 of NRS 133.320 are in
the custody of the qualified custodian.
4. In addition to the statements required
pursuant to subsection 3, a qualified custodian converting a self-proving
electronic will to a certified paper original shall state all of the following
in the affidavit:
(a) That the declaration or affidavits of the
attesting witnesses satisfying the requirements of NRS 133.050 were created at the time the
testator executed the electronic will and were incorporated as part of,
attached to or logically associated with the electronic will as required
pursuant to NRS 133.086 ;
(b) That the declarations or affidavits of the
attesting witnesses have been in the possession of a qualified custodian since
the execution of the electronic will and have not been altered since the time
they were created;
(c) The identity of all qualified custodians who
have had possession of the declarations or affidavits of the attesting
witnesses since their creation; and
(d) That the certified paper original contains a
true, correct and complete tangible manifestation of the original declarations
or affidavits of the attesting witnesses.
5. If the electronic will has not always
been under the custody of a qualified custodian, the person who discovered the
electronic will may cause the electronic will to be converted into a certified
paper original by creating a tangible document that contains the following:
(a) The text of the electronic will; and
(b) An affidavit that states, to the best of the
persons knowledge:
(1) When the electronic will was created,
if not indicated in the electronic will;
(2) When, how and by whom the electronic
will was discovered;
(3) The identities of each person who has
had access to the electronic will;
(4) The method in which the electronic
will was stored and the safeguards in place to prevent alterations to the
electronic will;
(5) Whether the electronic will has been
altered since its execution; and
(6) That the certified paper original is a
true, correct and complete tangible manifestation of the electronic will.
6. For purposes of making an affidavit
pursuant to subsection 3, 4 or 5, the person making the affidavit may rely
conclusively on any affidavits delivered by a predecessor qualified custodian.
7. If a testator has revoked a will
through an electronic record, the qualified custodian may convert the
electronic revocation into a certification of revocation by creating:
(a) A certified paper original of the electronic
will; and
(b) A tangible document that contains the
following:
(1) The text of the electronic revocation;
and
(2) An affidavit stating:
(I) That an electronic record was
created at the time the testator revoked the will;
(II) That the electronic record has
been in the custody of one or more qualified custodians since the execution of
the electronic revocation, and has not been altered since the time it was
created;
(III) The identity of all qualified
custodians who have had custody of the electronic record since the execution of
the electronic revocation;
(IV) That the certified paper
original is a true, correct and complete tangible manifestation of the
electronic revocation; and
(V) That the records described in
paragraph (c) of subsection 1 of NRS 133.320 pertaining to the electronic revocation are presently in the custody of the
qualified custodian.
8. A certified paper original of an
electronic will satisfying the requirements of subsection 2 or 5, as
applicable, may be offered for and admitted into probate in the same manner as
if it were an original will. A certified paper original of an electronic will
is presumed to be valid and, absent any objection, must be admitted to probate
expeditiously without requiring further proof of validity.
9. Before the expiration of the 30 days
after the qualified custodian gives notice to the testator of the qualified
custodians intent to convert the electronic will into a certified paper
original pursuant to paragraph (b) of subsection 1, if the testator objects to
the conversion and designates a successor qualified custodian in accordance
with NRS 133.310 , the qualified
custodian shall not convert the electronic will into a certified paper original
and shall instead comply with paragraph (b) of subsection 2 of NRS 133.310 .

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