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If that language is not in the Will, the Executor will either have to get a bond or run the estate money through the lawyer's trust account.Īnother example of a valid holographic will from a 2012 Nevada Supreme Court case, Estate of Melton, 128 Nev. Note: Normally a lawyer drafted Will naming an Executor will state the Executor may serve without bond. 138.040 states, "If it appears by the terms of a will that it was the intention of the testator to commit the execution of the will and the administration of the estate of the testator to any person as executor, that person, although not named executor, is entitled to letters testamentary in like manner as if that person had been named executor." In this case the Nevada probate court was willing to accept the inference that John wanted Dave to be the Executor. In addition, we were able to get Dave appointed Executor which meant that he didn't need to work with a Nevada resident Co-Administrator because N.R.S. such wills are valid and have the same force and effect as if formally executed." 133.090 states that "A holographic will is a will in which the signature, date and material provisions are written by the hand of the testator, whether or not it is witnessed or notarized. (John was a Nevada resident and the Court required two samples of his handwriting or signature.) Is it any good?" Yes, it was good and Dave inherited about $300,000 with that scrap of paper.

I told him to go to a lawyer and get a proper will. John Doe, March 3, 2004." Dave said, "Well, this isn't much of a will. Entirely in handwriting it said, "I leave everything to my friend Dave Smith. One day a Kansas farmer, we'll call him Dave Smith, came into my office with a torn scrap of paper about one third the size of a regular sheet of paper.