When a loved one dies, probate may be necessary to transfer their property to family members. Probate is required if a decedent had a will or failed to do any other type of estate planning. Even if a will is not the primary means of transferring property, probate can ensure no property gets left behind.
The probate process itself is pretty straightforward. However, there are opportunities all along the way for issues to be raised that complicate and delay the process. When legal issues arise, a Summerlin probate attorney knows how to facilitate an efficient resolution and get things back on track.
Will Contests can Significantly Delay Probate Administration
A will has no authority until the probate court legally validates it. Validating a will allows probate administration to begin with the appointment of the personal representative. Will contests are challenges to the validity of a will that can stall probate administration for months or even years.
Filing a will contest initiates a civil lawsuit that suspends probate administration until it is resolved. If the will is upheld, probate resumes. If the will is overturned, a prior valid will may be formally recognized. In the absence of another will, the court may distribute the property according to intestate succession laws.
Who Can File a Will Contest
In Nevada, a will may be contested either before or after it is admitted to probate by any ‘interested person’. Interested persons are those who will be materially affected by the outcome of the contest, typically heirs and beneficiaries.
After a will has been admitted to probate, an interested person has 3 months to file a petition requesting that the probate be revoked.
Valid Reasons for Contesting a Will
Merely being unhappy with the provisions of a will does not entitle an heir to contest it. There are only certain grounds for contesting a will. Legally sufficient reasons for contesting a will include:
- The testator (person making the will) lacked the mental capacity to create a valid will.
- The testator did not freely create the will (undue influence).
- The will is a fake (forgery).
- The testator was tricked into signing the will (fraud).
- The will was not executed with the proper formalities to make it legal.
The burden is on the interested person to convince the court a will is not valid. If the will contestant can demonstrate that someone in a fiduciary relationship with the testator participated in the creation of the will, the burden will shift to the fiduciary to demonstrate that provisions in the will were not created as the result of undue influence.
How a No Contest Clause in a Will Affects a Will Contest
No contest clauses are frequently included in wills to discourage disgruntled family members from contesting the will or otherwise interfering with what the testator wants to do. These clauses basically state that if anyone contests the will and loses, they will forfeit their inheritance.
No contest clauses are enforced in Nevada because public policy favors enforcing the wishes of the testator. No contest clauses also help protect estate assets from being depleted by frivolous litigation.
Probate Administration can be Simple with a Summerlin Probate Administration Lawyer from Simplifying Probate
The trick to a smooth probate process is to know what you are doing, be aware of family dynamics, and get out ahead of any potential issues. At Simplifying Probate, our Summerlin probate administration attorneys have helped hundreds of clients navigate probate efficiently and with minimal delay.
Choose Simplifying Probate® when you value:
- Experience
- Commitment
- Results
Call or contact us online for a free consultation.