1. In the contest, the contestant is plaintiff and the petitioner is defendant. The written grounds of opposition constitute a pleading and are subject to the same rules governing pleadings as in the case of a complaint in a civil action.
2. An issue of fact involving the competency of the decedent to make a will, the freedom of the decedent at the time of the execution of the will from duress, menace, fraud or undue influence, the due execution and attestation of the will, or any other question substantially affecting the validity of the will, must be tried by the court unless one of the parties demands a jury. The party demanding the jury shall advance the jury costs.
3. Upon the determination of the contest, costs must be awarded in accordance with the provisions of chapter 18 of NRS.
[Part 18:107:1941; 1931 NCL § 9882.18]—(NRS A 1999, 2268)
Structure Nevada Revised Statutes
Chapter 137 - Contests of Wills
NRS 137.007 - Enforcement of declaratory judgment; validity of will not subject to challenge.
NRS 137.010 - Proceedings preliminary to trial.
NRS 137.020 - Trial of contest: Jury; costs.
NRS 137.030 - Admissibility of testimony concerning declarations of testator.
NRS 137.040 - Evidence of execution.
NRS 137.050 - Verdict and judgment.
NRS 137.060 - Order admitting will to probate.
NRS 137.070 - Perpetuation of testimony.
NRS 137.080 - Persons qualified to contest will; filing of petition.
NRS 137.090 - Issuance of citation.
NRS 137.100 - Service of citation; trial; revocation of letters.
NRS 137.120 - Period of limitation.