1. A qualified custodian may cease serving in such a capacity by:
(a) If not designating a successor qualified custodian, providing to the testator:
(1) Thirty days’ written notice that the qualified custodian has decided to cease serving in such a capacity; and
(2) The certified paper original of, and all records concerning, the electronic will.
(b) If designating a successor qualified custodian:
(1) Providing 30 days’ written notice that the qualified custodian has decided to cease serving in such a capacity to:
(I) The testator; and
(II) The designated successor qualified custodian; and
(2) Providing to the successor qualified custodian the electronic record of the electronic will and an affidavit which states:
(I) That the qualified custodian ceasing to act in such a capacity is eligible to act as a qualified custodian in this State and is the qualified custodian designated by the testator in the electronic will or was designated to act in such a capacity by another qualified custodian pursuant to this paragraph;
(II) That an electronic record was created at the time the testator executed the electronic will;
(III) 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; and
(IV) The identity of all qualified custodians who have had custody of the electronic record since the execution of the electronic will.
2. For purposes of making the affidavit pursuant to subparagraph (2) of paragraph (b) of subsection 1, a qualified custodian is entitled to rely conclusively on any affidavits provided by a predecessor qualified custodian if all such affidavits are provided to the successor qualified custodian.
3. Subject to the provisions of NRS 133.300, if the testator designates a successor qualified custodian in a writing executed with the same formalities required for the execution of an electronic will, a qualified custodian shall cease serving in such a capacity and provide to the designated successor qualified custodian:
(a) The electronic record; and
(b) The affidavit described in subparagraph (2) of paragraph (b) of subsection 1.
4. If a qualified custodian is an entity, an affidavit of a duly authorized officer or agent of such entity constitutes the affidavit of the qualified custodian.
(Added to NRS by 2017, 3437)
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