1. Upon the creation of a certified paper original of an electronic will:
(a) If the electronic will has always been in the custody of a qualified custodian, the qualified custodian shall state in an affidavit:
(1) That the qualified custodian is eligible to act as a qualified custodian in this State;
(2) 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 paragraph (b) of subsection 1 of NRS 133.310;
(3) That an electronic record was created at the time the testator executed the electronic will;
(4) 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;
(5) The identity of all qualified custodians who have had custody of the electronic record since the execution of the electronic will;
(6) That the certified paper original is a true, correct and complete tangible manifestation of the electronic will; and
(7) That the records described in subsection 3 of NRS 133.320 are in the custody of the qualified custodian.
(b) If the electronic will has not always been under the custody of a qualified custodian, the person who discovered the electronic will and the person who reduced the electronic will to the certified paper original shall each state in an affidavit the following information, to the best of their 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.
2. For purposes of making an affidavit pursuant to paragraph (a) of subsection 1, the qualified custodian may rely conclusively on any affidavits delivered by a predecessor qualified custodian.
(Added to NRS by 2017, 3438)
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