After the death of your loved one in Nevada, the court reviews his or her will to make sure that it is valid. This process, known as probate, is standard legal procedure. However, if the probate commissioner or judge’s final decision is not one that you are satisfied with, you may be considering an appeal. According to Nevada Lawyer magazine, new issues appearing in probate court along with a greater number of cases has led many to contest probate decisions.
You can often appeal a probate decision under the same circumstances as you would another type of civil case based on the same Nevada Rules of Civil Procedure and the provisions of state law. However, you may benefit from mediation or alternative dispute resolution rather than immediately filing an appeal. There is a time limit for filing an appeal, though. From the time that of the notice of entry of the final order, you have 30 days.
If the amount of money or value of property is more than $10,000, you may file an appeal of the decision at certain points during the probate process, unlike in other civil proceedings that prevent an appeal until after the final judgment. Before you contest a probate matter, you should make sure that the court establishes all the required components of your cause of action. It may help your case to ask for a hearing where you can provide evidence, witnesses and depositions, as these elements raise your likelihood of a successful appeal. Many factors are involved in contesting probate, so this general information should not be interpreted as legal advice.
