Detailed answer: what you need to know and do

What this issue generally involves

When someone files a probate petition asking the court for possession or control of property that belonged to a decedent, the court may grant temporary or long-term authority to a proposed personal representative or an interested person. If you disagree with that petition — for example because the petitioner lacks legal authority, notice was defective, the will or appointment is contested, or the petitioner acted fraudulently — you can challenge the petition and ask the court to deny or limit possession and control.

Primary legal points under Nevada law

• Nevada’s probate laws govern appointment of personal representatives, notices, hearings, and control of estate assets. See Nevada Revised Statutes and the Nevada Courts’ probate resources for procedure and forms: Nevada Revised Statutes (NRS) and Nevada Courts — Probate Self-Help.
• Most objections are procedural (notice, venue, service) or substantive (invalid will, lack of standing, fraud, undue influence, breach of fiduciary duty).
• Timing matters. Courts set deadlines for filing written objections or for appearing at hearings. Missing a deadline can waive some defenses.

Common grounds to challenge or dismiss a petition

Typical legal and factual grounds include:

• No valid appointment or authority — the petitioner is not a duly appointed personal representative and has no statutory right to possess the property.
• Improper or inadequate notice to interested parties — required beneficiaries or heirs did not receive notice as required by NRS and local probate rules.
• Fraud, forgery, or undue influence affecting the will or documents relied on by the petitioner.
• Petitioner is not the rightful custodian — competing claims (e.g., another party with a prior security interest or different executor named in a valid will).
• Failure to post bond or comply with conditions required for control of assets (when a bond or supervision is statutorily required).
• Conflict of interest or breach of fiduciary duties — petitioner’s proposed control would risk loss to the estate.

Step-by-step practical process

1. Confirm what was filed. Request or obtain a copy of the petition, supporting affidavits, proposed order, any notice of hearing, and the case docket from the clerk of the probate court.
2. Check deadlines and required service. Note the hearing date and statutory deadlines for filing objections. If you did not receive required notice, that is often a strong procedural ground to contest control.
3. File a written objection or opposition. Prepare and file a written objection (often called an opposition or formal written contest) following the court’s local probate rules. State the specific grounds and facts supporting the objection.
4. Ask for emergency or interim relief if needed. If the estate property is at risk of removal, sale, or dissipation, move the court for a temporary restraining order, emergency hearing, or an order to preserve assets (for example, a sequestration order). Courts can issue interim orders to prevent harm while the dispute proceeds.
5. Request discovery and evidence. Seek financial records, inventories, receipts, bank statements, title documents, and any communications showing wrongful transfer or misconduct. You can ask the court to require accountings.
6. Attend the hearing and present evidence. Be prepared to present witnesses, documents, and legal arguments. If you cannot attend, you can usually appear by attorney. The court will evaluate whether to grant possession, limit control, require bond, or appoint a neutral custodian.
7. Ask for alternate remedies. If dismissal of the petition is unlikely, ask the court to limit authority, require a bond or supervisor, or to appoint a temporary independent custodian while the dispute is resolved.

Evidence and documents to gather

Collect everything that supports your position:

• Death certificate and copy of the decedent’s will(s) or trust documents.
• Any prior court orders appointing a personal representative.
• Deeds, titles, automobile registrations, bank statements, and safe-deposit records.
• Communications (emails, letters, text messages) showing intent, instruction, or possible wrongdoing.
• Witness statements from family members, caretakers, financial institutions, and professionals.

Possible outcomes

• Dismissal of the petition if the court finds procedural or substantive defects.
• Modification: the court may limit possession or require safeguards (bond, accountings, supervised distribution).
• Appointment of a different personal representative or a neutral custodian pending resolution.
• Sanctions against the petitioner if the petition was filed in bad faith.

When to get a lawyer and what a lawyer does

If the estate is large, the disputed property is valuable, or allegations involve fraud or undue influence, consult a Nevada probate attorney right away. A lawyer will:

• Review filings and statute-based deadlines.
• Draft timely objections and emergency motions.
• Represent you at hearings and negotiate settlements or supervision orders.
• Seek preservation remedies like temporary restraining orders or appointment of a neutral custodian.

Where to find Nevada statutes and court forms

Start with the Nevada Revised Statutes and the Nevada Courts’ probate self-help pages. Those resources explain required notices, filings, and general probate procedure: Nevada Revised Statutes (NRS) and Nevada Courts — Probate Self-Help. For local forms and specific procedural instructions, check the probate section of the county court where the case is filed.

Helpful hints

• Act fast. Probate timelines are short and missing a deadline can waive your right to contest.
• Never remove, hide, or destroy estate property. Doing so can expose you to sanctions or criminal liability.
• Get certified copies of the petition, will, and all court orders from the clerk of court.
• Keep detailed records (dates, communications, receipts) and preserve digital evidence (emails, photos, texts).
• If the petitioner seeks possession while issues remain, ask the court for a bond and regular accountings to protect the estate.
• Consider mediation or settlement if practical — probate litigation can be costly and slow.
• Ask the court about appointing a neutral third-party custodian if multiple parties claim competing rights to the same property.
• Use court self-help resources to learn basic filing requirements, but contact an attorney for adversarial hearings or complex disputes.