In re Estate of Black
Annotate this CaseAppellant filed a timely post-probate will contest but failed to timely issue a citation to Respondent, the executor of the estate, in accordance with Nev. Rev. Stat. 137.090. Appellant filed a petition to enlarge time for issuing citations. The probate commissioner recommended that the petition be granted, determining that Nev. R. Civ. P. 6(b) and Eighth Judicial District Court Rule 2.25 granted the court discretion to extend the time limit for issuing citations. The district court dismissed the will contest, concluding that Rule 6(b) does not apply to statutory time limits. The court did not address whether Rule 2.25 applied in this matter. The Supreme Court vacated the district court’s order, holding (1) a failure to timely issue citations to the estate’s personal representative and the will’s devisees constitutes grounds for dismissal of a will contest; (2) Rule 6(b) does not apply to statutory time limits; but (3) the district court erred in failing to determine whether Petitioner demonstrated excusable neglect under Rule 2.25 when requesting an enlargement of time to issue the citations. Remanded.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.