Nevada Revised Statutes 133.330 – Access to and destruction of electronic records in custody of qualified custodian
1. With regard to an electronic record of an electronic will, a qualified custodian shall provide access to or information concerning the electronic will or the certified paper original of the electronic will only to:
Terms Used In Nevada Revised Statutes 133.330
- person: means a natural person, any form of business or social organization and any other nongovernmental legal entity including, but not limited to, a corporation, partnership, association, trust or unincorporated organization. See Nevada Revised Statutes 0.039
- Probate: Proving a will
- Testator: A male person who leaves a will at death.
(a) The testator or another person as directed by the written instructions of the testator; and
(b) After the death of the testator, the nominated personal representative of the testator or any interested person.
2. A qualified custodian may, in the absolute discretion of the qualified custodian, destroy the electronic record of an electronic will at any of the following times:
(a) One year after notice of entry of an order admitting any will to probate;
(b) After ceasing to serve as the qualified custodian of the electronic record of the electronic will upon the appointment of a successor qualified custodian pursuant to NRS 133.310;
(c) If the electronic will has been converted to a certified paper original in accordance with NRS 133.340 and the qualified custodian complies with subsection 4, after 30 days’ written notice to the testator;
(d) If a certification of revocation has been created in accordance with subsection 7 of NRS 133.340 and the qualified custodian complies with subsection 4, after 30 days’ written notice to the testator;
(e) Pursuant to the direction of a testator in a writing executed with the same formalities required for the execution of a will or an electronic will; or
(f) Upon court order authorizing the destruction of the electronic will.
3. Subject to the provisions of subsection 4, if a certification of revocation has been created pursuant to subsection 7 of NRS 133.340, a qualified custodian may, in the absolute discretion of the qualified custodian, destroy the electronic record of an electronic revocation at any of the following times:
(a) One year after notice of entry of an order admitting any will to probate;
(b) If the requirements of subsection 3 of NRS 133.310 are met, after ceasing to serve as the qualified custodian of the electronic will upon the appointment of a successor qualified custodian pursuant to NRS 133.310;
(c) Pursuant to the direction of a testator in a writing executed with the same formalities required for the execution of a will or an electronic will;
(d) After 30 days’ written notice to the testator; or
(e) Upon court order authorizing the destruction of the electronic record of the electronic will.
4. Before destroying an electronic will or an electronic revocation, the qualified custodian shall make reasonable efforts to provide to the testator the electronic record of the electronic will and electronic revocation.