If you believe a loved one’s will does not reflect their true intentions, or if something seems suspicious about how the document was created or changed, you may have legal grounds to contest it. In Nevada, contesting a will is a formal legal process that takes place in probate court and must follow strict rules. With high stakes involved—financial, legal, and emotional—it's wise to consult a Las Vegas probate lawyer before proceeding.
This article explains when and how you can contest a will in Nevada, what legal grounds apply, and what the probate process typically looks like.
Understanding Will Contests in Nevada
Contesting a will means formally challenging its validity in probate court. You are not simply objecting to what you inherited (or didn’t)—you are alleging that the will is legally invalid. Nevada law only allows certain individuals to file a will contest, and only under specific conditions.
Who Can Contest a Will in Nevada?
You must have legal standing to challenge a will. This means you must be someone who would be affected by the court’s decision. Common examples include:
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Heirs who would inherit under Nevada intestate law (if no valid will existed)
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Beneficiaries named in a previous version of the will
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Individuals who were promised assets but were excluded from the final will
If you don’t stand to gain or lose anything based on the outcome, the court will likely dismiss your claim.
Legal Grounds for Contesting a Will in Nevada
Nevada probate courts will only invalidate a will under certain legally recognized circumstances. Below are the most common grounds for a will contest:
1. Lack of Testamentary Capacity
The testator (the person making the will) must have been mentally competent when the will was signed. They need to understand:
If someone was suffering from severe mental illness, dementia, or was otherwise incapacitated, the will may be invalid.
2. Undue Influence
If someone manipulated or pressured the testator into changing their will, it may be deemed invalid due to undue influence. Courts often look for signs of:
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A confidential or dependent relationship
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Sudden changes to the will that benefit one person disproportionately
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Isolation of the testator from other family members
Undue influence cases often arise when a caretaker, new spouse, or close associate gains a significant inheritance late in the testator’s life.
3. Fraud or Forgery
If the will was signed as a result of deceit (e.g., the testator was tricked into signing it) or if someone forged the signature entirely, the document is not valid. Forensic analysis and witness testimony can play a role in proving fraud or forgery in court.
4. Improper Execution
Nevada law requires that a will be:
If these requirements were not met, the will may be declared invalid.
The Will Contest Process in Nevada
Contesting a will in Las Vegas—or anywhere in Nevada—follows a formal probate litigation process. Here’s what to expect:
Step 1: Filing an Objection
To begin, your Las Vegas probate lawyer will file an objection in the probate court where the will is being administered. You must act quickly—objections typically must be filed before the will is admitted to probate or shortly thereafter. Timing is critical, so don’t delay.
Step 2: Legal Discovery
Once your objection is filed, both sides (you and the party defending the will) will enter a discovery phase. This involves collecting:
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Medical records
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Previous versions of the will
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Testimony from witnesses, doctors, or caretakers
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Financial and email records that may show fraud or undue influence
This phase helps build your case—or refute it.
Step 3: Mediation or Settlement Talks
Many will contests settle before trial. The parties may agree to divide the estate differently to avoid long, expensive court battles. A skilled probate attorney can help negotiate a resolution if that’s your goal.
Step 4: Trial
If no settlement is reached, the case will go to trial. Both sides present evidence and witness testimony, and a judge (not a jury) makes the final decision. The court can:
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Uphold the will as valid
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Invalidate part or all of the will
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Reinstate a previous version of the will
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Distribute assets under Nevada intestacy laws if no valid will remains
How Long Does a Will Contest Take?
The timeline varies, but will contests can take several months to over a year, especially if the estate is large or the dispute is complex. Delays are common due to the need for expert testimony, document analysis, and court scheduling.
Costs of Contesting a Will
Will contests can be expensive. Costs include:
Some Las Vegas probate lawyers may work on a contingency basis (paid only if you win), while others charge hourly or flat rates. Make sure to discuss costs upfront.
Should You Contest a Will?
Contesting a will is a serious decision. You should consider:
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Whether you have clear legal grounds
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The emotional toll of a family dispute
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The size of the estate compared to legal costs
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The strength of your evidence
A knowledgeable Las Vegas probate lawyer can review your situation and advise you honestly about your chances of success.
Final Thoughts
While Nevada law protects a person’s right to distribute their assets how they wish, it also provides safeguards to prevent fraud, manipulation, and improper wills. If you suspect a loved one’s will isn’t valid, you may have options—but you must act quickly and follow strict legal procedures.
Working with an experienced Las Vegas probate lawyer gives you the best chance of building a strong case and achieving a fair outcome. Whether you’re fighting for your rightful inheritance or seeking to uphold a loved one’s wishes, legal guidance is essential.
