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PROBATE OF WILLS AND PETITIONS FOR LETTERS
Lost or Destroyed Wills
NRS 136.230 Jurisdiction of court to take proof of execution and validity of lost or destroyed will. If a will is lost by accident or destroyed by fraud without the knowledge of the testator, the court may take proof of the execution and validity of the will and establish it, after notice is given to all persons, as prescribed for proof of wills in other cases.
[34:107:1941; 1931 NCL § 9882.34]-(NRS A 1999, 2266)
NRS 136.240 Petition for probate; same requirements of proof as other wills; testimony of witnesses; order.
1. The petition for the probate of a lost or destroyed will must include a copy of the will, or if no copy is available state, or be accompanied by a written statement of, the testamentary words, or the substance thereof.
2. If offered for probate, a lost or destroyed will must be proved in the same manner as other wills are proved under this chapter.
3. In addition, no will may be proved as a lost or destroyed will unless it is proved to have been in existence at the death of the person whose will it is claimed to be, or is shown to have been fraudulently destroyed in the lifetime of that person, nor unless its provisions are clearly and distinctly proved by at least two credible witnesses.
4. The testimony of each witness must be reduced to writing, signed by the witness and filed, and is admissible in evidence in any contest of the will if the witness has died or permanently moved from the State.
5. If the will is established, its provisions must be set forth specifically in the order admitting it to probate, or a copy of the will must be attached to the order.
[35:107:1941; 1931 NCL § 9882.35]-(NRS A 1999, 2266)
NRS 136.250 Restraint of administration pending petition. If, before or during the pendency of an application to prove a lost or destroyed will, letters of administration have been granted upon the estate of the decedent, or letters testamentary of any previous will of the decedent, the court may restrain the administration if necessary to protect the interests of devisees claiming under the lost or destroyed will.
[36:107:1941; 1931 NCL § 9882.36]-(NRS A 1999, 2267)
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