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How to contest a will in probate

by | Jan 29, 2022 | Probate

Sometimes, people in Nevada feel the need to challenge a will. Any number of reasons can precipitate this decision; however, those wishing to do so should understand their rights and options regarding the process. They will also want to work directly with an experienced estate litigation attorney from the start. 

Timeline and other requirements 

Once a will has been submitted to probate, a person who has previously not challenged the validity of the will before probate or received notice to participate in a previous will contest can petition the court regarding the validity of the will. The person can submit a petition anytime within three months after the will has been entered into probate. The petition must also contain specific allegations as to why the individual asserts the will is invalid. 

After the petition is filed, the court will issue citations to all interested and named parties within the will that a petition has been filed challenging the validity of the will. The citation will direct them that they can plead to the contest within 30 days of receiving the citation. Should the court rule for the petitioner and find the will was indeed invalid, it will revoke the document from probate. Estate representatives, beneficiaries and other interested parties of the contested will may file appeals after the ruling. 

Seek legal counsel before contesting a will 

The probate process is complex, and those in Nevada seeking to challenge the validity of a will should work with experienced legal counsel. An attorney can advise the individual of his or her rights and options as well as detail the specific requirements for filing a petition. A lawyer will work with a client to protect his or her rights and interests throughout the process in order to pursue the favorable outcome the client seeks.