Aldrich Law Firm, Ltd.
Aldrich Law Firm, Ltd.

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Can I appeal a decision from a Nevada probate court?

After losing a loved one, you will understandably have a number of concerns. Aside from the emotional strain that the situation creates, there may also be financial issues at play. The decedent’s estate will have to go through probate if it is worth more than $20,000 or if there is real estate involved. Even if steps to circumvent probate, such as creating a living trust, have been taken, it is possible that some items will have to go through the process.

If the probate court issues a judgment with which you do not agree, you do have the ability to appeal it. State law notes that the Nevada Rules of Civil Procedure are applicable to probate cases. According to the law, you may appeal the admittance of a will to probate or an order that revokes the probate of the will. You may also appeal any decision if the value of the item in question exceeds $10,000. Once the order has been entered, you have 30 days after receiving notice of the entry to appeal.

In order to give yourself the best chance at the appeal, it is vital to have a complete record that states the cause of action and provides affidavits. Failing to having the required documentation could result in a failed appeal.

Keep in mind that appeals are generally only filed after a final order has been entered. It can take months or even years for a probate case to come to a close. If you believe something is amiss with the will itself, you may contest the document.

While this information may be useful, it should not be taken as legal advice.

John P. Aldrich
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