Detailed Answer
Short overview: If you believe a will is forged in Nevada, you can challenge its validity in probate court. A successful challenge can prevent the court from admitting the will to probate or can remove it after probate if you prove forgery or other defects. Act quickly. Probate deadlines and procedural rules can bar claims if you wait.
Who can challenge a will?
An “interested person” may challenge a will. That generally includes heirs at law, beneficiaries under a prior will, personal representatives, and sometimes creditors. If you are unsure whether you qualify, ask a probate attorney. Nevada statutes and local court rules govern standing and procedure. See Nevada law on wills: NRS Chapter 133 (Wills).
Common grounds to challenge a will
- Forgery: the signature or material portions of the will were forged or not written/signed by the decedent.
- Improper execution: the will was not signed or witnessed as Nevada law requires (or the required formalities were not followed).
- Lack of testamentary capacity: the decedent lacked the mental capacity to make a will.
- Undue influence: someone pressured or coerced the decedent into signing.
- Revocation: a later valid will revoked the earlier one or the decedent destroyed the will.
Step-by-step process to challenge (practical roadmap)
- Preserve documents and the original will. If the will is already filed with the probate court, obtain a certified copy of the probate filing. If you have the original, keep it secure and avoid altering it.
- Confirm you have standing. Make sure you are an interested person under Nevada law (heir, prior beneficiary, etc.). If the estate already has a personal representative, that person will be a central procedural actor.
- Check deadlines and file quickly. Nevada has strict probate timelines. Even if you plan to gather evidence, you must act quickly so you do not lose the right to contest. If a will has been admitted to probate, you may need to file a petition to contest or to set aside probate promptly. Contact the probate clerk or a lawyer immediately for the court calendar and filing deadlines. See the Nevada courts probate resources: Nevada Courts – Probate Self-Help.
- File a formal contest or objection in probate court. The contest usually takes the form of a written pleading (objection to admission, petition to revoke probate, or similar document) filed in the county where probate is pending. The court will set a schedule for responses, discovery, and hearings.
- Gather evidence. Evidence matters. For forgery claims you may need:
- Exemplars of the decedent’s handwriting and signature (previous signed documents, checks, medical forms).
- Testimony or affidavits from people who knew the decedent’s signature or witnessed signing.
- Forensic handwriting analysis and expert reports.
- Notarial acknowledgments or self-proving affidavits attached to the will (which bear on how the will was executed).
- Phone records, emails, medical records, bank statements, and other documents that show capacity, intent, or influence.
- Use discovery tools. You can ask for documents and take depositions of witnesses, the person who produced the will, notaries, and others. The court can compel production and testimony by subpoena.
- Consider emergency or interim relief. If you fear the estate will be dissipated or assets removed, ask the court for temporary orders to freeze assets or to prevent distribution pending resolution.
- Prepare for trial if needed. Most contests require expert testimony (e.g., forensic handwriting expert, medical expert on capacity) and witness testimony. The court will weigh testimony, documents, and expert opinions to decide whether the will is genuine and valid.
- If you win. The court may refuse to admit the forged will, revoke probate if already admitted, and admit an earlier valid will or treat the estate as intestate (no valid will). The court may also order remedies for fraud and possibly refer criminal forgery charges to prosecutors.
Evidence specific to forgery
Forgery disputes often hinge on signature authenticity. Useful evidence includes prior genuine signatures for comparison, high-resolution scans or photographs of the contested will, the chain of custody for the will (who handled it and when), testimony from the person who “produced” the will, and notarial records. Forensic analysts can test ink and paper when relevant.
How Nevada’s formalities affect a forgery claim
Nevada law describes how a will must be executed and how a will may be made “self-proved” by affidavit of witnesses. A properly executed self-proved will carries weight, but it does not make a forged document unimpeachable. You can still present evidence that the signature is forged or that the supposed witnesses were not truthful. For statutory language and requirements, see NRS Chapter 133 (Wills).
What if the will has already been admitted to probate?
If a will already has probate approval, you may still move to set aside the probate or file a contest. Prompt action is critical. If statutory periods have lapsed, other remedies (civil claims for fraud, conversion, or asking the court to reopen the estate) may still be available, but they are often harder and more limited.
Possible outcomes and remedies
- The court excludes the forged will and admits a prior valid will (if one exists).
- The court declares the estate intestate (no valid will), so Nevada intestacy rules apply to distribute assets.
- The court may order restitution or damages if fraud or misconduct is proven.
- Criminal referrals: prosecutors may pursue forgery or fraud charges separately.
When to hire an attorney
Contests often require careful pleadings, court appearances, discovery, and expert work. If the estate has substantial assets or complex facts, consult an attorney experienced in Nevada probate litigation as soon as possible. If you cannot afford a lawyer, the Nevada Courts Self-Help Center has forms and information to get started: Nevada Courts – Probate Self-Help.
Important legal reference: Nevada statutes governing wills and probate generally appear in NRS Chapter 133 and related probate statutes. Review the statutory provisions at the Nevada Legislature website: NRS Chapter 133 (Wills). For court procedures and local probate rules, check the county probate court where the estate is filed and the Nevada Judicial Branch resources: nvcourts.gov/selfhelp/probate.
Helpful Hints
- Act fast. Probate contests and objections have strict deadlines. Don’t wait to preserve evidence.
- Secure the original will if you have it. The original document is often critical evidence.
- Collect any documents showing the decedent’s typical signature, health records, bank records, or communications that show capacity and intent.
- Look for a self-proving affidavit attached to the will. That makes admission easier for the proponent, but it does not prevent a successful forgery challenge.
- Talk to witnesses early. Memories fade and witnesses may move or die.
- Preserve electronic evidence: scan documents, save emails/texts, and snapshot social media if relevant.
- Consider a forensic handwriting expert early; their preliminary review can help you decide to proceed.
- If assets are at risk, ask the court for emergency orders to freeze distributions or to prevent transfers.
- Keep copies of all filings and correspondence with the probate court and estate representatives.
Final note and disclaimer
This article is educational only. It does not create an attorney-client relationship and is not legal advice. Laws and procedures change, and outcomes depend on facts. For advice about a specific matter, consult a Nevada probate attorney promptly.