Disclaimer: This article is educational only and is not legal advice. Consult a licensed Nevada attorney about a specific lost-or-destroyed will situation.
Detailed Answer: What happens when a will is lost or destroyed under Nevada law
When an original will cannot be located because it was lost, accidentally destroyed, or misplaced, Nevada courts allow a carefully controlled process to determine whether the decedent intended the instrument to remain their last will. Nevada law governing wills is in Chapter 133 of the Nevada Revised Statutes (NRS). See the NRS wills chapter for full text: NRS Chapter 133 (Wills).
Two basic rules to understand
- Revocation by deliberate act: If the testator (the person who made the will) intentionally destroyed or materially altered the will with the intent to revoke it, the law treats the will as revoked. Courts look for both the physical act (burning, tearing, obliterating) and the intent to revoke.
- Loss or accidental destruction: If the original is simply lost or accidentally destroyed, that fact alone does not automatically revoke the will. Interested parties may ask the probate court to admit secondary evidence (for example, a copy of the will plus witness testimony) proving the terms and valid execution of the will.
How Nevada probate courts typically handle a lost or destroyed will
When no original will is produced, a person seeking to have the will enforced (often called the proponent) must petition the appropriate Nevada district court to admit the will to probate. The court will consider evidence about two main things:
- Whether the document was a valid will when executed: Was it signed in the required way and witnessed according to NRS rules? (See NRS Chapter 133.)
- Whether the original was revoked: Is there evidence the testator intentionally destroyed the document to revoke it, or is the loss accidental?
To meet the court’s concerns, the proponent should be prepared to present secondary evidence of the will’s contents and execution. This can include:
- A complete copy of the lost will (typed, photocopy, or scanned PDF).
- Affidavits or testimony from the witnesses who signed the will confirming they witnessed proper signing.
- Affidavits or testimony from the drafting attorney who prepared or kept a copy of the will and can confirm its contents and execution.
- Other contemporaneous records (emails, draft versions, safe-deposit records) showing the testator’s intent and the document’s contents.
What the court may do
If the evidence satisfies the court that the lost or destroyed document was a valid, unrevoked will, the court can admit the copy or other proof and carry out the testator’s dispositive plan as written. If the court finds the will was revoked, the decedent’s estate will be distributed as if the revoked will never existed (which may mean an earlier will controls, or intestate succession applies).
Practical consequences and contested situations
Contested matters often arise: heirs who would benefit under intestacy may fight admission of a will; others may argue the testator revoked the will deliberately. Expect litigation if the evidence is ambiguous. Courts weigh credibility, contemporaneous documents, witness testimony, and circumstantial evidence to decide.
Where to file and who decides
Probate petitions are filed in the Nevada district court in the county where the decedent lived at death. The judge decides admission after reviewing pleadings and evidence, and sometimes after an evidentiary hearing.
Helpful Hints
- Search thoroughly before filing: check attorney files, safe-deposit boxes, home safes, cloud storage, and personal papers for originals or signed copies.
- Locate witnesses and the drafting attorney as soon as possible. Their affidavits and testimony are often decisive.
- Gather all copies and drafts, including emails and scanned versions. A clear copy with supporting testimony can often be admitted.
- If you suspect the testator destroyed the will intentionally, collect evidence of intent (statements, behavior, or circumstances around destruction). Intent matters as much as the physical act.
- Act quickly. Delay can cause witnesses’ memories to fade and evidence to disappear, and may increase the chance of dispute.
- Expect the probate court to follow the statutory rules in NRS Chapter 133. Review that chapter or ask an attorney to explain how it applies to your case: https://www.leg.state.nv.us/NRS/NRS-133.html.
- If no admissible will is found or admitted, the estate may be distributed under Nevada’s intestacy rules. An attorney can explain how intestate succession would work in your family’s situation.
- Consider hiring an estate or probate attorney promptly to preserve evidence and prepare a strong petition and supporting affidavits for the court.
Remember: This overview explains general Nevada concepts about lost or destroyed wills. It is not a substitute for personalized legal advice. Contact a licensed Nevada attorney to discuss your specific facts and next steps.