Contesting a Will in Nevada: Deadlines, Grounds and No-Contest Clauses

Part of my Nevada Wills & Probate Guide.

By Ronald W. Brilliant, Attorney at Law · Licensed in Idaho, Nevada & California · Last reviewed: September 2026 against Nevada Revised Statutes Title 12 (current through the 2025 legislative session)

In This GuideNevada Wills & ProbateTopic 5 of 17: Will Contests

A will contest is a court challenge to whether a will is valid. In Nevada, a will can be contested before the hearing on the petition for probate (NRS 137.010(1)) or within 3 months after the court’s order admitting it to probate (NRS 137.080). Probate is the court proceeding in which the district court administers and distributes a decedent’s assets to the persons entitled to them (NRS 132.275).

These rules matter to anyone who believes a will is invalid and to anyone named in a will that someone else is challenging.

Who May Contest a Will

Before probate, the Attorney General or any interested person, including a devisee under a former will, may contest the will (NRS 137.010(1)). A devisee is a person named in a will to receive a gift (NRS 132.100). An interested person is someone whose right or interest in an estate may be materially affected by a decision of the court or a fiduciary (NRS 132.185).

After probate, any interested person may contest, except a person who was a party to a contest before probate or who had actual notice of that earlier contest in time to join it (NRS 137.080).

What a Contest Can Challenge

The statutes list the kinds of factual issues that may be tried in a contest (NRS 137.020(2)):

Whether the decedent was competent to make a will
Whether the decedent was free from duress, menace, fraud or undue influence when signing
Whether the will was properly executed and attested (signed and witnessed)
Any other question substantially affecting the will’s validity

The court must admit the will to probate if it is satisfied that the will was duly executed by a testator (the person who made the will) who was of sound and disposing mind and not under duress, menace, undue influence or fraudulent representation (NRS 137.060). A contest after probate may also attack the sufficiency of the proof used to admit the will (NRS 137.080). For the signing rules themselves, see Making a Valid Will in Nevada.

Key Will Contest Deadlines

Step	Timing	NRS
File written grounds of opposition (contest before probate)	Any time before the hearing on the petition for probate	137.010(1)
Persons served with the citation respond to the contest	Within 30 days after service of the citation	137.010(1); 137.090
Contestant amends after a successful motion against the contest	The court may allow 10 days	137.010(2)
Answer after a motion is denied	Within 10 days after receipt of written notice of the denial	137.010(2)
File a petition to contest after probate	Within 3 months after the order admitting the will to probate	137.080
File a notice of appeal from a final order in the contest	No later than 30 days after service of written notice of entry of the final order	137.140

The court may extend the times in NRS 137.010 (NRS 137.010(2)). If no one contests within the 3-month period, the probate of the will is conclusive (NRS 137.120). Even so, failing to contest does not prevent the later probate of a will signed after the one already admitted (NRS 137.130).

Contests Before Probate

A contest before probate starts with written grounds of opposition to the petition for probate (NRS 137.010(1)). A citation (a formal court notice) then goes to the heirs and all interested persons, including minors and incapacitated persons, directing them to respond within 30 days after service (NRS 137.010(1)).

The person contesting is the plaintiff, and the person who asked for probate is the defendant. The written grounds of opposition are treated like a complaint in a civil case (NRS 137.020(1)). A person served may respond with any motion authorized by the Nevada Rules of Civil Procedure (NRS 137.010(2)).

Judge or Jury

The issues are tried by the court unless a party demands a jury, and the party demanding a jury must advance the jury costs (NRS 137.020(2)). A jury returns a special verdict, and the court then enters judgment either admitting the will to probate or rejecting it (NRS 137.050).

Evidence Rules

Testimony about the testator’s statements made at the time the will was signed is admissible as it relates to the testator’s intention, state of mind, feelings, competency, and whether there was duress or undue influence (NRS 137.030).
The will’s subscribing witnesses who are in the county and of sound mind must be produced and examined, or their death, absence or incapacity must be shown. If none of them lives in the county and none of their evidence can be produced, the court may accept other witnesses and proof of the handwriting of the testator and the witnesses (NRS 137.040).
The testimony of each subscribing witness who testifies must be put in writing and filed. It may be used in a later contest if the witness has died or permanently moved from Nevada (NRS 137.070).

Once the contest is decided, costs are awarded under chapter 18 of NRS (NRS 137.020(3)).

Contests After Probate

To contest a will that has already been admitted, the contestant files a petition in the court where the will was proved. The petition states the allegations against the will’s validity or the sufficiency of the proof and asks that the probate be revoked (NRS 137.080).

The court then orders a citation to the personal representative, all devisees named in the will, and the heirs known to the petitioner, directing them to respond within 30 days after service (NRS 137.090). A personal representative is the person the court appoints to manage the estate, such as an executor or administrator (NRS 132.265). The case then proceeds as a contest before probate does (NRS 137.100).

If the will is found invalid or not the testator’s last will, the court must revoke the probate and the letters testamentary (NRS 137.100). Letters testamentary are the letters the court issues to an executor (NRS 132.220; NRS 138.040). The personal representative’s powers then end, but the personal representative is not liable for acts done in good faith before the revocation (NRS 137.100).

If the probate is not revoked, the contestant pays the costs of trial. If it is revoked, costs are paid by the party who resisted revocation or out of the decedent’s property, as the court directs under chapter 18 of NRS (NRS 137.110).

Wills Declared Valid During the Maker’s Lifetime

If a declaratory judgment under NRS 30.040(2) declared a document to be the person’s valid will while that person was alive, the will’s validity cannot be challenged after death (NRS 137.007(1)). This does not prevent an appeal of that judgment, or evidence that the will was revoked or that a valid later will exists (NRS 137.007(2)).

No-Contest Clauses

A no-contest clause is a provision in a will that reduces or eliminates a devisee’s share if the devisee acts to frustrate or defeat the testator’s intent (NRS 137.005(9)). Nevada courts must enforce these clauses to the greatest extent possible according to their terms, regardless of whether the devisee had probable cause or acted in good faith, subject to the exceptions below (NRS 137.005(1)).

The conduct that triggers a clause is whatever the will describes. It may include conduct other than a court case and conduct unrelated to the will, such as suing the estate or family members or interfering with a trust or business (NRS 137.005(3)). A no-contest clause in a will also applies to a codicil (NRS 137.005(8)) and, unless the will says otherwise, to a testamentary trust created by the will (NRS 137.005(5)).

A court may not enforce a no-contest clause when a devisee (NRS 137.005(4)):

Acts to enforce the clear terms of the will, the devisee’s legal rights giving standing in the case, or the personal representative’s fiduciary duties
Asks the court for instructions on administering the estate or interpreting the will
Acted, as the court finds by clear and convincing evidence, because of coercion or undue influence, or without enough mental capacity to knowingly engage in the conduct
Enters into an agreement to settle a dispute about the will
Brings a legal action to invalidate the will in good faith and based on probable cause, meaning a reasonable person, properly informed and advised, would conclude the will is invalid

The personal representative may suspend distributions to a devisee whose conduct may trigger the clause, and may resume or continue that suspension until the court decides (NRS 137.005(7)). The personal representative may also seek reimbursement of, or offset, distributions made before the conduct (NRS 137.005(7)(c)). The term does not include clauses that shift attorney’s fees, permit delayed distributions, require arbitration, or select a forum (NRS 137.005(9)).

Transfers Presumed Void

In addition to the contest rules in chapter 137, Nevada law voids any transfer the court finds was the product of fraud, duress or undue influence, no matter when the document was made. Each transferee found responsible bears the costs of the proceedings, including reasonable attorney’s fees (NRS 155.097(1)). The rule covers any “transfer instrument,” including a will, trust, deed, or a form that names a beneficiary or creates joint ownership (NRS 155.0955).

A transfer is presumed void if it goes to (NRS 155.097(2)):

The person who drafted the transfer instrument
A caregiver of a transferor who is a dependent adult
A person who materially participated in formulating the gift provisions or paid for the drafting
A person related to, affiliated with or subordinate to any of those persons

A “caregiver” is a person paid to provide health or social services to a dependent adult (NRS 155.0935). A “dependent adult” is someone 18 or older who, when signing, could not properly provide for personal needs without help, or had difficulty managing finances or resisting fraud or undue influence (NRS 155.0937).

The presumption can be overcome by clear and convincing evidence that the transfer was not the product of fraud, duress or undue influence (NRS 155.097(3)). It applies only to instruments effective at death made on or after October 1, 2011, and lifetime transfer instruments made on or after October 1, 2015 (NRS 155.097(4)).

The presumption does not apply (NRS 155.0975):

To the transferor’s spouse
To an heir whose combined transfers at death are no greater than that heir’s share under Nevada’s intestate succession law, counting nonprobate transfers (see Dying Without a Will)
If the court finds by clear and convincing evidence that the transfer was not the product of fraud, duress or undue influence, not based solely on the testimony of a person covered by the presumption
If an independent attorney reviews the transfer instrument, counsels the transferor, tries to determine whether the transfer results from fraud, duress or undue influence, and signs and delivers a certificate of independent review in the form the statute sets out
To a public entity, or to an organization exempt under section 501(c)(3) or 501(c)(19) of the Internal Revenue Code
To transfers of property worth $3,000 or less (for lifetime transfers, no more than once per calendar year)

These statutes do not limit common-law rules unless the common law is inconsistent with them (NRS 155.098). For appeals and other court procedures, see Special Situations in Nevada Probate.

How I Can Help

I help people evaluate whether a Nevada will or other transfer may be open to challenge, and I represent both people bringing contests and personal representatives and devisees defending them. I watch the short statutory deadlines, review how any no-contest clause may apply, and explain the options at each stage. Request a consultation to discuss your situation.

This page provides general information about Nevada wills and probate law, based on Nevada Revised Statutes Title 12 as of the 2025 legislative session, and is not legal advice. Other Nevada laws, court rules, and case law also affect these matters. Every estate is different; consult an attorney about your situation. Reading this page does not create an attorney-client relationship.