You just learned that a family member has died. The will has been filed with the court, and something about it does not add up. Maybe the document surfaces out of nowhere right before death, cutting out people who were always expected to inherit. Maybe the person who signed it was deep in the fog of dementia. Maybe a caregiver or a new spouse was in the room for every conversation the attorney had with the deceased.
If any of that sounds familiar, you may be asking whether you can contest the will. The short answer is: possibly yes. But contesting a will in Nevada is a formal legal proceeding with tight deadlines and specific legal standards. Acting without understanding the rules can cost you your right to challenge the document entirely.
This guide covers the legal grounds for contesting a will in Nevada, the deadlines that apply, what the process looks like, and what you can realistically expect in terms of cost, timeline, and outcomes. If you believe a will may be invalid and want to discuss your situation with a Nevada will contest attorney, the Trust & Probate Litigation team at Hutchison & Steffen handles will contest cases across Nevada, including Las Vegas and Reno.
Contesting a will means formally challenging the validity of the document in probate court. When you contest a will, you are not arguing about what you wish the will said. You are making a legal claim that the will should not be recognized as valid because of a specific defect in how it was made, signed, or obtained.
A will contest is not the same as disputing how an executor is administering the estate. If you believe the executor is mismanaging assets, breaching their fiduciary duties, or distributing property incorrectly, those are separate claims handled through different legal procedures. A will contest goes to the heart of the document itself.
Will contests are governed in Nevada by NRS Chapter 137. They are heard in the district court probate division of the county where the estate was filed. In Clark County, which includes Las Vegas, all probate matters including will contests are initially handled by the probate commissioner. If you are looking to structure an estate plan that is harder to challenge in the first place, Hutchison & Steffen's Asset Protection & Business Planning team can help.
Not everyone has the legal right to contest a will. In Nevada, you must be an "interested person" to bring a contest.
That means your inheritance rights must be materially affected by whether the will is admitted to probate.
In practical terms, this typically includes:
If you would not inherit anything whether the will stands or not, you generally do not have standing to contest. This is one of the first things a Nevada will contest attorney will evaluate before advising you to move forward.
Nevada law under NRS 137.020 defines the recognized grounds for a will contest. You cannot challenge a will simply because you are unhappy with what it says.
You must identify and prove one of the following legal grounds:
The testator, meaning the person who made the will, must have been of sound and disposing mind at the time of signing. Under Nevada law, this requires that the testator understood:
Capacity is assessed at the specific moment the will was signed, not in general. A person can have good days and bad days due to dementia or illness, and if they happened to be lucid on the day they signed, the will may still be valid. Conversely, even someone who had been managing their affairs generally can lack capacity on a specific day. Contesting a will due to dementia is one of the most common grounds pursued in Nevada, and it requires careful analysis of medical records, witness accounts, and the timeline of the testator's condition.
Undue influence occurs when another person substituted their own will for the testator's through pressure, manipulation, or coercion. This is the most litigated ground for will contests, and among the most difficult to prove because it typically happens behind closed doors.
Courts look at the totality of the circumstances when evaluating undue influence claims. Common factors that support an undue influence argument include:
Proving undue influence requires gathering evidence from multiple sources: medical records, testimony from people who knew the testator, financial records showing changes in account access, communications, and sometimes expert witnesses. This is the type of complex fact investigation that a trust and probate litigation attorney is best positioned to lead.
A will may be contested if it was obtained through fraudulent misrepresentation or if the document itself is forged. Fraud cases typically involve allegations that someone deceived the testator about the contents of the document they were signing, or misrepresented facts about other heirs or family members to manipulate the testator's decisions. Forgery cases involve claims that the testator's signature is not genuine or that the document was altered after signing.
Nevada has specific formal requirements for a valid will. Under NRS 133.040, a will must be:
If the will was not executed in strict compliance with these requirements, it can be contested on the grounds of improper execution. This includes situations where witnesses signed at different times, were not actually present, or where there are questions about whether the testator's signature was their own voluntary act.
Nevada also recognizes holographic wills, which are handwritten and signed entirely in the testator's own handwriting and require no witnesses (NRS 133.090). These are more difficult to contest on execution grounds but are not immune to capacity or undue influence challenges.
Less common but legally recognized, a will made under duress or menace can be contested. This ground applies where the testator signed because they were threatened with physical harm, legal consequences, or other forms of coercion that overrode their free will.
One of the most practical questions people ask is what proof they actually need.
The answer depends on which ground you are pursuing, but across all grounds, the following types of evidence tend to be most valuable:
If your contest is based on lack of capacity or dementia, medical records are foundational. You will want records documenting the testator's cognitive condition close to the date the will was signed. Neurological evaluations, dementia diagnoses, hospital records, and treating physician notes can all be relevant. Medical records from years before the will was signed can also be useful to establish a progression of decline.
Prior wills showing a different distribution pattern are valuable evidence, especially in undue influence cases. If a testator consistently left their estate one way across multiple wills spanning decades, and then a new will surfaces shortly before death with a dramatically different distribution, that inconsistency supports the claim that something other than genuine intent drove the change. Prior financial and estate planning documents can also reveal the testator's expressed wishes over their lifetime.
People who knew and interacted with the testator near the time the will was signed are crucial witnesses. Family members, friends, neighbors, clergy, and medical professionals can testify about the testator's mental state, their relationship with the suspected influencer, and any statements the testator made about their wishes. In Nevada, the testimony of the subscribing witnesses to the will itself must be preserved and is admissible in any subsequent contest (NRS 137.070).
Bank statements, account access logs, and transfer histories can reveal whether a suspected influencer began controlling the testator's finances in the period leading up to the will change. Sudden transfers, new account access, or changes in beneficiary designations on financial accounts can corroborate an undue influence theory.
Emails, text messages, letters, and phone records from the period around the will's execution can be powerful evidence in both directions. If the suspected influencer was in constant contact with the testator's attorney, that is significant. If there is correspondence showing the testator's own words expressing their wishes inconsistently with the contested will, that matters too. A will contest attorney can help identify and preserve this evidence quickly, before it is lost or destroyed.
This is where many potential contestants lose their rights entirely: the deadlines in Nevada are strict, and missing them is almost always fatal to your case.
If a petition for probate has been filed but the hearing has not yet occurred, any interested person may contest the will before the hearing by filing written grounds of opposition (NRS 137.010). This pre-probate window is often very short because probate hearings can be scheduled quickly after a petition is filed. If you know a will is being submitted to probate and you have concerns about its validity, do not wait.
Once a will has been admitted to probate by court order, Nevada law gives interested persons 3 months from the date of that order to contest the will (NRS 137.080). This is the deadline most people mean when they ask how long they have to contest a will in Nevada.
After 3 months, the probate becomes conclusive and cannot be challenged (NRS 137.120). This is a hard cutoff with no general exception for people who did not know about the probate proceeding, except in very narrow circumstances involving lack of actual notice.
This is one of the most common questions we hear: can you contest a will after probate has been granted? The answer is yes, but only within the 3-month window described above. Once that window closes, the probate order is conclusive and the will cannot be contested on validity grounds in probate court.
That said, there may be separate remedies available depending on the circumstances. If fraud was involved, separate civil claims may have longer statutes of limitations. And if you never received required notice of the probate proceeding, that raises distinct procedural questions. These are fact-specific situations where consulting an attorney is essential.
Many estates are administered through revocable trusts rather than wills. If the deceased used a trust, the relevant deadline is different. Under NRS 164.021, once a trustee sends the required notice of irrevocability to beneficiaries and interested persons, those persons have only 120 days from the date that notice is served to file an action contesting the validity of the trust. After 120 days, the right to contest is permanently barred.
This 120-day trust contest deadline is why prompt legal consultation matters enormously. If you receive a notice of irrevocability from a trustee and believe the trust may have been created under undue influence, duress, or by someone who lacked capacity, you have a very limited window to act. Contact Hutchison & Steffen immediately if you have received this type of notice.
Before any court filing, a will contest attorney will evaluate your standing, the strength of your factual grounds, and the practical likelihood of success. This involves reviewing the will, identifying potential witnesses, and assessing what evidence may be available. This initial evaluation is critical because will contests involve significant time and cost, and not every dispute warrants litigation.
If you are contesting before probate, you file written grounds of opposition with the court. If you are contesting after the will has been admitted to probate, you file a petition with the probate court in the county where the will was proved, stating your allegations and requesting that the probate be revoked (NRS 137.080). After filing, the court issues citations to the personal representative, devisees named in the will, and known heirs.
Once the contest is filed, the case proceeds similarly to civil litigation. Both sides conduct discovery: gathering documents, taking depositions, and exchanging expert disclosures. Medical records are subpoenaed, financial records are reviewed, and witnesses are interviewed and deposed. This phase often takes several months and is where the core of the evidentiary case is built.
Under Nevada law, either party may demand a jury trial on factual issues in a will contest, including questions of capacity, undue influence, fraud, and due execution (NRS 137.020). The party demanding the jury must advance the jury costs. Many will contests settle before trial through negotiated agreements among interested parties. Settlements are common because litigation is expensive, outcomes are uncertain, and family relationships, however strained, are often a factor. Hutchison & Steffen's Alternative Dispute Resolution practice handles mediation and negotiated resolution of estate disputes for parties who want to avoid the cost and uncertainty of trial.
If the contest succeeds, the court revokes the probate of the challenged will. The estate then passes either under a prior valid will, if one exists, or under Nevada intestacy law (NRS Chapter 134), which distributes assets according to a statutory hierarchy of heirs. If the contest fails, the original will stands and the probate proceeds as filed.
Many wills include a no-contest clause, sometimes called an in terrorem clause. This provision states that any beneficiary who contests the will forfeits their inheritance under it.
Nevada enforces no-contest clauses (NRS 137.005). The courts apply them strictly according to their terms, and the stated rationale is that they reflect the testator's intent. If you are named as a beneficiary in the will you want to contest, you must carefully weigh whether the potential benefit of a successful contest outweighs the risk of losing your existing bequest if you do not prevail.
There are narrow exceptions under NRS 137.005(4), including actions to determine whether a proposed action would constitute a contest, or challenges that fall within defined exceptions. An experienced will contest attorney in Nevada can help you evaluate this risk before you file.
Will contests vary widely in cost depending on the complexity of the case, the volume of evidence involved, whether expert witnesses are needed, and whether the case goes to trial. In general, will contests are not inexpensive legal proceedings. Discovery involving medical records and expert testimony can add up quickly, and trials involve additional preparation and court time.
Under Nevada law, when a will contest concludes, costs are awarded in accordance with NRS Chapter 18. If the contest succeeds and is found to have been brought in good faith with probable cause, the court may award costs and in some circumstances attorney's fees payable from the estate. This means that a successful contestant may recover some or all of their legal costs from estate funds rather than paying entirely out of pocket.
The question of whether it is worth contesting a will depends entirely on the facts: the strength of the evidence, the size of the estate, the gap between what you would receive under the contested will versus a prior will or intestacy, and the realistic prospects of success. These are the conversations to have with a will contest lawyer before committing to litigation.
This is a question with no single honest answer, and anyone who gives you a blanket statistic is oversimplifying. Will contests succeed or fail based on the specific facts of the case, the quality of the evidence, the skill of counsel, and the specific ground asserted.
That said, the realistic picture is this: most will contests do not succeed at trial, largely because the legal standard of proof is demanding and wills are presumed valid once admitted to probate. Capacity challenges require clear and convincing evidence that the testator lacked the specific cognitive requirements at the moment of signing. Undue influence requires proving not just that someone had influence, but that the influence was so dominant it effectively replaced the testator's independent will.
The cases that are most likely to succeed are those with strong, contemporaneous evidence: medical records documenting cognitive decline close to the date of signing, witnesses who observed the testator's confusion or the influencer's control, and prior wills or statements showing a dramatically different intent. If that kind of evidence exists, a well-prepared contest has real prospects. If it does not, an honest assessment from a Nevada will contest attorney early in the process is the most valuable thing you can get.
Not everyone reading this is on the challenging side. Personal representatives, beneficiaries under the contested will, and trustees who are named in documents being challenged all have interests in defending the validity of the will or trust.
Defending a will contest involves many of the same tools used in prosecution: gathering medical records and witness testimony, working with experts, and building a factual record showing that the testator was competent, acted freely, and understood what they were signing. Procedurally, the defense can also move to dismiss a contest that lacks sufficient allegations, challenge the contestant's standing, and seek early resolution of weak claims. Final orders in a will contest can also be appealed, and Hutchison & Steffen's Appellate Litigation team handles appeals arising from probate court decisions throughout Nevada.
Hutchison & Steffen represents clients on both sides of will contests in Nevada. Whether you are challenging a will you believe to be invalid or defending a document you believe reflects the genuine wishes of the deceased, the Trust & Probate Litigation team has the litigation experience to navigate the full contest process.
Yes, but only within 3 months of the order admitting the will to probate (NRS 137.080). After that window closes, the probate is conclusive and cannot be reopened on validity grounds. If you learn a will has been filed for probate, do not wait to seek legal advice.
A stepchild can contest a will if they qualify as an interested person, meaning their inheritance rights are materially affected by whether the will is admitted to probate. A stepchild who would inherit under a prior will or who would inherit under intestacy law if no valid will existed would typically have standing. A stepchild who would receive nothing either way generally does not.
Yes, siblings can contest a will if they have standing. A sibling who is an heir under Nevada intestacy law and would inherit if the will were invalidated has a direct financial stake in the outcome and qualifies as an interested person.
A will contest can take anywhere from several months to several years depending on the complexity of the case. Simple contests that settle early may resolve in six to twelve months. Contested cases that proceed through discovery and trial can take two to three years or more. The timeline depends heavily on the volume of evidence, the number of parties, and the court's docket.
Technically yes, but it is not advisable. Will contests involve complex procedural rules, strict deadlines, and demanding evidentiary standards. Missing a filing deadline or failing to properly develop the factual record can permanently end your case. The opposing parties will almost certainly have legal representation, and appearing without counsel puts you at a significant disadvantage.
Each party typically bears their own legal costs initially. However, Nevada law allows the court to award costs from the estate at the conclusion of a contest (NRS Chapter 18). If the contest is brought in good faith with probable cause, a successful contestant may recover costs from estate funds. A personal representative defending a will is generally entitled to pay defense costs from the estate as a legitimate expense of administration.
If no contest is filed within the deadline, the probate of the will becomes conclusive (NRS 137.120), meaning it cannot later be challenged on validity grounds. The personal representative proceeds with administering the estate and distributing assets according to the will's terms.
Will contests are among the most emotionally charged and factually complex matters in probate litigation. Whether you are considering challenging a will, defending one, or trying to understand whether you have a viable case, having an experienced Nevada attorney evaluate the facts early is the most important step you can take. You can learn more about the attorneys who handle these cases on the attorneys page.
Hutchison & Steffen's Trust & Probate Litigation team represents clients in:
We serve clients throughout Nevada with offices in Las Vegas (702.385.2500) and Reno (775.853.8746). If you have questions about a will or trust you believe may be invalid, contact Hutchison & Steffen today to schedule a consultation.
This post is for general informational purposes and does not constitute legal advice. If you have questions about contesting a will or defending a will contest in Nevada, consult counsel about your specific circumstance
