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The validity of an electronic will

Computers are a necessity in our modern age. With so many vital documents being digital, the question of an electronic will is one often asked by Nevada residents. Are such documents valid and legally binding? The answer is yes, as long as they meet certain authentication criteria.

The state of Nevada defines an electronic will as one created and stored digitally. The first requirement is that it must be digitally signed by the person who wrote it — the testator. In addition, the date of creation must be included in the document. 

There are other ways to authenticate the will. These unique identifiers could be a fingerprint, vocal recognition, retina scan or facial recognition.

Only one official copy of the document may exist, and it must be controlled by either the testator or another appointed individual. In addition, the will must be created in a format or program in which any and all changes are easily tracked. Copies can be made, but they must be marked as such so they can be easily identified as separate from the original.

If these criteria are met, a digital will could be valid. Anyone age 18 or over can create a will of their own, whether it is holographic, typed or digital. This allows the testator to decide what happens to their estate and name heirs. If you need to plan your estate with a will, it may be beneficial to contact an attorney to do so. An attorney should be able to ensure any will is valid.

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