Detailed Answer — What the court looks for and how Nevada law treats missing or destroyed wills

Nevada’s probate statutes govern how wills are proved and admitted to probate. The courts focus on two core issues: (1) whether the document is the testator’s valid will (due execution and testamentary intent), and (2) whether the will was revoked. When the original signed will is lost or was destroyed (for example, damaged in the mail), Nevada courts can consider secondary evidence to decide these questions instead of the physical original.

Nevada’s probate law is in NRS Chapter 133. That chapter sets out the rules for proving and admitting wills and how the court handles probate matters generally: NRS Chapter 133. Nevada courts also provide practical probate guidance at the state court website: Nevada Courts — Probate Self Help.

Typical legal approach when the original will is not available:

• The court may allow admission of a copy (for example, a photocopy or digital copy) if there is sufficient proof of what the original said and that the original was properly executed and not revoked.
• The most persuasive proof usually comes from the attesting witnesses — people who signed the will when the testator signed it. Their testimony or sworn affidavits about execution and the testator’s intent can be decisive.
• If attesting witnesses are unavailable (deceased, cannot be found, or lack recollection), the court may consider other corroborating evidence: copies from the attorney’s file, drafts, correspondence, notarized drafts, contemporaneous notes, or other clear and convincing evidence about the will’s contents and lack of revocation.
• If the court cannot be satisfied that the document was valid and not revoked, the court may deny admission. In that case intestacy rules (distribution under Nevada law when no valid will exists) would typically control distribution of the estate.

Because Nevada courts must protect legitimately executed testamentary wishes while guarding against fraud, they often require live testimony or sworn affidavits and may hold a hearing before admitting a lost-or-destroyed will.

Practical Steps to Take Right Away

1. Stop and document: If you sent the original and learn it is lost or damaged, preserve any proof of mailing (tracking numbers, receipts, postage, courier labels).
2. Contact the carrier: File a trace or claim with the postal service or courier immediately (for USPS: USPS Claims).
3. Notify the court clerk: Tell the probate clerk what happened and ask for instructions about filing a petition without the original. Do not assume the court will refuse to proceed; clerks can explain local practice and likely forms.
4. Locate copies and witnesses: Find any attorney’s copy, scanned PDF, emailed draft, or photocopy. Contact the people who witnessed the will signing and ask whether they will provide sworn statements or testify at a hearing.
5. File a petition to admit a copy or to admit the will under the court’s procedures: An attorney can draft the proper petition and affidavits to ask the court to accept secondary evidence of the will.
6. Prepare for a hearing: The court may schedule a hearing where witnesses testify about the will’s execution and the testator’s intent and non-revocation.

Evidence Nevada Courts Commonly Require

• Sworn affidavits or testimony from attesting witnesses who observed the signing and can confirm the testator’s intent.
• A copy of the will (photocopy, scan, or attorney’s file copy) showing signatures, if available.
• Documentation showing the original was mailed to the court for filing or deposited with the court.
• Affidavits or other evidence showing the testator did not revoke the will (no shredding, no later destroyed document, no written revocation).
• Corroborating evidence such as drafts, cover letters, attorney notes, emails, or other contemporaneous records that reflect the will’s contents and the testator’s intent.

Possible Outcomes

• The court admits a copy of the will to probate after hearing sufficient proof of its contents and due execution.
• The court refuses admission because evidence is insufficient; the estate then proceeds under Nevada’s intestacy laws.
• The court admits the copy but allows interested persons (heirs, beneficiaries) to contest the admitted will; disputes may lead to litigation.

How to Prevent This Problem in the Future

• File the original with the probate court in hand rather than mailing it, when possible.
• Ask your attorney to keep the original in a secure file and file a certified copy or the original in person.
• Keep multiple trusted copies (scanned and physical) and note where the original is stored.

Helpful Hints

• Act quickly: immediate action (tracing mail, notifying the court) preserves options and evidence.
• Collect witness contact info and any attorney file copies before filing anything permanent with the court.
• Keep a clear chain of custody record for any copies or documents you produce to the court.
• Expect the court to require sworn statements or testimony; plan for a potential hearing.
• If you suspect malicious interference with the mail, consider notifying law enforcement in addition to filing a carrier claim.
• Consult a Nevada probate attorney early — they can draft the right petition and affidavits and represent the estate at any hearing.