Nevada § 136.240 - Petition for probate; same requirement of proof as other wills; testimony of witnesses; rebuttable presumption concerning certain wills; prima facie showing that will was not revoked; order

Full text of Nevada Nevada Revised Statutes § 136.240 — Petition for probate; same requirement of proof as other wills; testimony of witnesses; rebuttable presumption concerning certain wills; prima facie showing that will was not revoked; order, with citation guidance and answers to common questions.

§ 136.240. Petition for probate; same requirement of proof as other wills; testimony of witnesses; rebuttable presumption concerning certain wills; prima facie showing that will was not revoked; 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 its provisions

are clearly and distinctly proved by two or more credible witnesses and it is: (a) Proved to have been in legal existence at the death of the person whose will it

is claimed to be and has not otherwise been revoked or destroyed without the knowledge,

consent or ratification of such person; or (b) Shown to have been fraudulently destroyed in the lifetime of that person. 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. Notwithstanding any provision of this section to the contrary: (a) The production of a person's lost or destroyed will, whose primary beneficiary

is a nontestamentary trust established by the person and in existence at his or her

death, creates a rebuttable presumption that the will had not been revoked. (b) The production of a copy of a person's lost or destroyed will, whose provisions

are clearly and distinctly proved by two or more credible witnesses, creates a rebuttable

presumption that the will had not been revoked. (c) A person may overcome the presumption set forth in paragraph (a) or (b) only by

proving by a preponderance of the evidence that the person whose will it is claimed

to be destroyed the will with the intent to revoke the will before his or her death. In the absence of such evidence: (1) The lost or destroyed will must be admitted to probate; and (2) The court shall accept a copy of such a will as sufficient proof of the terms

thereof without requiring further evidence. (d) For a lost or destroyed will to which the presumption set forth in paragraph (a)

or (b) does not apply, if the proponent of a lost or destroyed will makes a prima

facie showing that it was more likely than not left unrevoked by the person whose

will it is claimed to be before his or her death, then the will must be admitted to

probate in absence of an objection. If such prima facie showing has been made, the court shall accept a copy of such

a will as sufficient proof of the terms thereof without requiring further evidence

in the absence of any objection. 6. 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.

Source: official Nevada text · Last verified 2026-08-27

Frequently Asked Questions About Nevada § 136.240

What does Nevada Revised Statutes § 136.240 cover?

Section 136.240 ("Petition for probate; same requirement of proof as other wills; testimony of witnesses; rebuttable presumption concerning certain wills; prima facie showing that will was not revoked; order") is part of the Nevada Revised Statutes, the codified statutory law of Nevada. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.

How do I cite Nevada § 136.240?

A common citation format is "Nevada Revised Statutes § 136.240" (Nevada). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.

Is this the official text of Nevada law?

No. This page is for research and education and may not include the most recent amendments. For official current law, check the Nevada official source linked on this page or consult a licensed Nevada attorney.

How does Nevada § 136.240 apply to my situation?

Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Nevada can advise on how this section applies to you. Contact your state or local bar association for a referral.

Sources & Verification

Not legal advice. Verify against the official source and consult a licensed attorney in Nevada.