Dealing with the aftermath of the loss of a loved one is an emotionally taxing experience. Discovering discrepancies or other issues with their final wishes can add an additional layer of distress. If you have received an inheritance that seems inconsistent with your loved one’s promises or have reason to doubt the will’s validity, you may wonder how long you have to contest a will in Nevada.
Protecting your rights and the last wishes of your loved one does not have to be overwhelming. At Simplifying Probate, our Las Vegas will and trust contests lawyers will provide the legal guidance and clarity you need to determine your next steps.
Call (702) 800-8354 today to get the compensation you deserve.
The Timeline of Contesting a Will
The legal process of validating and administering a will is called probate. This process is required for estates valued over $20,000 or those involving real estate and begins almost immediately upon a person’s death. If you receive notice of a probate hearing, you should file your objection immediately.
If you miss the initial probate hearing and the probate process has already started, you generally have a time frame of three months to file a contest. Once you file a petition to contest, other interested parties have 30 days to object.
Typically, if you miss this 90-day window, you will miss out on all rights to challenge the will. Some exceptions may apply, such as if another will is discovered. Speaking with a Las Vegas probate attorney can help you understand your rights to challenge a will and your specific timeline.
Who Has the Right to Contest a Will in Nevada?
Not everyone has the legal right to challenge a will. Nevada law, under NRS Chapter 137, requires that you be an interested party with a material stake in the outcome. Typically, to challenge a will, you must be either:
- Legal Heir: Spouses, children, and close family members who would inherit under Nevada’s intestate laws if no will had existed.
- Prior Beneficiaries: Persons named in a previous version of the will who were removed or had their share reduced.
- Current Beneficiaries: People named in the current document.
- Creditors: Entities legally entitled to receive compensation for debts incurred by the deceased.
If you fit one of these categories of interested parties, you may have the right to challenge a will.
Valid Grounds for Contesting a Will
Legally, a will cannot be challenged just because it seems unfair or due to family squabbles. There must be a specific reason to doubt the validity of the document. The most common grounds include:
- Lack of Capacity: Proof that your loved one was not of sound mind or lacked the mental ability to understand the will when they signed it.
- Undue Influence: Evidence that someone coerced or pressured your loved one into changing their will.
- Improper Execution: The will was not signed or witnessed in accordance with Nevada Law, or there was evidence that it was forged.
- Existence of a Newer Will: Discovering a more recent will that supersedes the one currently undergoing probate.
We know you want your loved one’s final wishes to be honored. If you believe you have any of these grounds to challenge a will, speaking with a probate lawyer can help you determine your options.
Contact us online today to schedule a free consultation.