Sec. 4. "Acknowledgment" means a declaration that an instrument

Sec. 5. "Administrator" means a person not designated in a will who

Sec. 9. "Citation" means a document issued by the clerk of the

Sec. 11. "Codicil" means an addition to a will that may modify or

Sec. 13. "Community property with right of survivorship" means

Sec. 18. "Disclaimant" means a person who executes a disclaimer.

power to disclaim. Sec. 19. "Disclaimer" means a written instrument that declines,

Sec. 23. "Executor" means a person nominated in a will and

Sec. 24. "Expenses of administration" means funeral expenses and

Sec. 25. "Family allowance" means the money allocated from the

estate by the court pursuant to NRS 146.030.

Sec. 27. "Gift" means a gratuitous transfer of property to a recipient

Sec. 29. "Guardian" means a person who has qualified as the

decedent. Sec. 31. "Holographic will" means a testamentary document that

Sec. 32. "Incapacitated person" means a person who is impaired by

Sec. 33. "Interest" means:

3. Any other right, power, privilege or immunity relating to property.

Sec. 36. "Intestate estate" includes an estate where no will has been

Sec. 37. "Inventory" means the description of assets required by

Sec. 38. "Issue" means children, grandchildren or more remote

Sec. 42. "Lien" means a charge upon property for the satisfaction of

Sec. 45. "Notice" means information provided pursuant to NRS

Sec. 46. "Oath" means a form of attestation which affirms that the

taker will faithfully perform the duties of a specified office. Sec. 47. "Order" includes a declaration, decree or judgment by a

Sec. 48. "Parent" includes any person entitled to take, or who would

appointed pursuant to chapter 140 of NRS. Sec. 61. "State" means a state of the United States, the District of

Sec. 66. "Testator" means a person who makes a will.

Sec. 70. "Ward" means a person for whom a guardian has been

132.010 This Title [shall] must be liberally construed [, to the end that

justice may be done all parties, and] so that a speedy settlement of estates

is accomplished at the least expense [secured.] to the parties.

133.040 No will executed in this state, except [such nuncupative wills

and] such holographic wills as are mentioned in this chapter, [shall be] is

valid unless it [be] is in writing and signed by the testator, or by [some

person in his presence, and by his] an attending person at the testator's

express direction, and attested by at least two competent witnesses [,subscribing] who subscribe their names to the will in the presence of the

the [legatees.] names of the devisees.

133.050 1. Any or all of the attesting witnesses to any will may [, at

the request of the testator, make and] sign an affidavit before any person

must be written on the will [,] or, if that is impracticable, on some paper

accepted by the court [of probate] as if it had been taken before the court.

Then and there personally appeared [the within-named] ................ and

the execution of the [within] foregoing will of the [within-named] testator,

................; that the testator subscribed the will and declared [the same] it to

subscribed the [same] will as witnesses in the presence of the testator and inthe presence of each other and at the request of the testator; and that the

full age and of sound mind and memory . [, and that they make this

day of........, [19...] .............

will and executed at the same time as the will is considered a signature

133.060 All [beneficial devises, legacies and gifts whatsoever made or

given in any] devises in a will to a subscribing witness [thereto shall be]

are void unless there are two other competent subscribing witnesses to the

[same.] will.

testament executed [without] outside this state in the [mode] manner

domicile, shall be deemed to be legally executed, and [shall be] is of the

same force and effect as if executed in the [mode] manner prescribed by

2. This section [shall] must be so interpreted and construed as to

133.090 1. A holographic will is [one that is entirely written, dated

and signed] a will in which the signature, date and material provisions

are written by the hand of the testator [himself.] , whether or not it is

witnessed or notarized. It is subject to no other form, and may be made in

or out of this state . [and need not be witnessed.]

2. Every person of sound mind [,] over the age of 18 years [, including

married women,] may, by last holographic will, dispose of all of [his or her]

the estate, real or personal, [the same being] but the estate is chargeable

3. Such wills [shall be] are valid and have [full effect for the purpose

for which they are intended.] the same force and effect as if formally

executed. Sec. 80. NRS 133.100 is hereby amended to read as follows:

133.100 [1. No nuncupative or verbal will shall be good unless:

bequeathed exceeds the value of $1,000.] A nuncupative or oral will is not

formal requirements of this chapter for the execution of wills. [As used in

every [beneficial devise, legacy or] devise, beneficial interest or

designation to serve as personal representative given to the testator's

by the court in the divorce or annulment proceedings ; [and not merged in

the decree;] or

and the will [shall take] takes effect in the same manner as if the former

133.120 1. [No will in writing shall be revoked unless:

(a) By burning,] A written will may only be revoked by:

(a) Burning, tearing, canceling or obliterating the [same,] will, with the

intention of revoking it, by the testator, or by some person in [his presence,

(b) By some other] the presence and at the direction of the testator; o

r (b) Another will or codicil in writing, executed as prescribed in this

2. [Nothing contained in this section shall] This section does not

133.130 If, after the making of any will, the testator [shall duly make

and execute] executes a second will, the destruction, cancellation or

revocation of the second will [shall] does not revive the first will, unless it

appears by the terms of [such] the revocation that it was the intention to

revive and give effect to the first will, or unless, after [such] the

destruction, cancellation or revocation, the first will [shall be duly] is

any property devised [or bequeathed] in any will previously made [shall not

be deemed] is not a revocation of [such] the previous devise [or bequest;

but such property shall pass] , but the property passes by the devise , [or

bequest,] subject to the same remedies on the bond, covenant or agreement,

for the specific performance or otherwise, against the [devisees or

legatees,] devisee, as might be had by law against the heirs of the testator, if

the [same] property had descended to them.

agreement, [shall not be deemed] is not a revocation of [any] a will relating

to the same estate which was previously executed, but the [devise and

legacies] devises therein contained [shall pass,] pass subject to [such] the

133.155 A specific devise passes subject to any mortgage or lien

existing on the date of death, without right of exoneration, regardless of a

133.160 When [any child shall have been] a child is born after the

making of [its parent's will,] a will by a parent of that child and no

provision [shall be] is made for [him or her therein, such child shall have]

the child in the will, the child is entitled to the same share in the estate of

the testator as if the testator had died intestate, unless it [shall be] is

provision should be made for [the] that child.

133.170 When [any testator shall omit to provide in his or her will for

any of his or her children or for the issue of any deceased child, it shall] the

from the testator's will, it must be presumed that the omission wasintentional. Should the court find that the omission was unintentional,

[such] the child, or the issue of [any] the deceased child, [shall have] is

entitled to the same share in the estate of the testator as if [he or she] the

testator had died intestate.

133.180 When any share of the estate of a testator [shall be] is

assigned to a child born after the making of a will, or to a child or the issue

the [same shall] share must first be taken from the estate not disposed of by

the will, if any. If that [shall not be] is not sufficient, so much as [shall be

necessary shall] is necessary must be taken from all the devisees [or

legatees,] in proportion to the value they may respectively receive under the

devise [or bequest,] or other provision in the will [,] would thereby be

defeated. In [such case, such] that case, the specific devise [, legacy] or

provision may be exempted from [such] the apportionment, and a different

133.190 If [such] the child or children, or their descendants, so

unprovided for, [shall] have had an equal proportion of the testator's estate

bestowed upon them in the testator's lifetime, by way of an advancement,

as provided in NRS 151.120, they [shall] take nothing [in virtue of the

provisions of] under NRS 133.160, 133.170 and 133.180.

133.200 When any estate [shall be devised or bequeathed] is devised to

any child or other relation of the testator, and the devisee [or legatee shall

die] dies before the testator, leaving lineal descendants, [such] those

descendants, in the absence of a provision in the will to the contrary, [shall]

take the estate so given by the will in the same manner as the devisee [or

legatee] would have done if [he] the devisee had survived the testator.

133.210 Every devise of [land] real property in any will [shall be

construed to convey] conveys all the estate of the [devisor] testator therein

which [he] could lawfully [devise,] be devised, unless it [shall clearly

appear] clearly appears by the will that [he] the testator intended to convey

a [less] lesser estate.

133.220 Any estate, right or interest in [lands] real property acquired

by the testator after the making of [his or her will shall pass] a will passes

thereby in like manner as if it had been acquired [prior to] before the time

of making the will, if [such should manifestly appear] that manifestly

appears by the will to have been the intention of the testator.

134.040 1. If the decedent leaves a surviving [husband or wife,]

spouse and only one child, or the lawful issue of one child, the estate goes

one-half to the surviving [husband or wife,] spouse and one-half to [such]

the child or the issue of [such] the child.

2. If the decedent leaves a surviving [husband or wife,] spouse and

more than one child living, or [one] a child and the lawful issue of one or

more deceased children, the estate goes one-third to the surviving [husband

or wife,] spouse and the remainder in equal shares to [his or her] the

[3. If there be no child of the intestate living at his or her death, the

134.050 1. If the decedent [shall leave] leaves no issue, the estate

[shall go] goes one-half to the surviving [husband or wife,] spouse, one-

fourth to the [intestate's father,] father of the decedent and one-fourth to

the [intestate's mother,] mother of the decedent, if both are living . [; if

not,] If both parents are not living, one-half to either the father or the

2. If the decedent [shall leave] leaves no issue, or father [,] or mother,

one-half of the separate property of the [intestate shall go] decedent goes to

the surviving [husband or wife,] spouse and the other one-half [thereof

shall go] goes in equal shares to the brothers and sisters of the [intestate,

representation.] decedent.

3. If the decedent [shall leave no issue, or husband, or wife,] leaves no

issue or surviving spouse, the estate [shall go] goes one-half to the

[intestate's] father of the decedent and one-half to the [intestate's mother,]

mother of the decedent, if both are living . [; if not,] If both parents are

not living, the whole estate [shall go] goes to either the father or the mother

4. If the decedent [shall leave] leaves no issue, father, mother, brother

[,] or sister, or children of any issue, all of the separate property of the

[intestate shall go] decedent goes to the surviving [husband or wife.]

134.060 If there [be] is no issue, [or husband, or wife,] surviving

spouse, or father [,] or mother, then the estate goes in equal shares to the

brothers and sisters of the [intestate,] decedent and to the children of any

134.070 If the [intestate shall leave] decedent leaves no issue, [or

husband, or wife,] surviving spouse, or father [,] or mother, and no brother

or sister living at [his or her] the time of death, the estate [shall go] goes to

the next of kin in equal degree, [excepting that when] except that if there

different ancestors, those who claim through the nearest ancestors [shall be]

are preferred to those who claim through ancestors more remote . [; but if]

If any person [shall die] dies leaving several children, or leaving [one] a

child and issue of one or more children, and any such surviving child [shall

die] dies under age and not having been married, all [of] the estate that

came to the deceased child by inheritance from the deceased parent [shall

descend] descends in equal shares to the other children of the same parent,

134.080 [If at] At the death of a child [, who shall die] who is under

age and has not [having] been married, all the other children of the parent

being also dead, [and] if any of [them shall have] the other children left

issue, the estate that came to [such] the child by inheritance from [his or her

parent shall descend] the parent descends to all the issue of the other

kindred to the child they [shall] are entitled to share the estate equally;

otherwise, they [shall] are entitled to take according to the right of

134.090 If the decedent leaves no surviving [husband or wife,] spouse,

but there [be] is a child or children, the estate [shall, if there be] , if there is

only one child, all [go] goes to that child . [; and if there be] If there is

more than one child, the estate [shall descend and be distributed] goes to all

the [intestate's children,] children of the decedent, to share and share alike.

134.100 If the decedent leaves no surviving [husband or wife,] spouse,

but there [shall be] is a child or children and the lawful issue of a child or

children, the estate [shall descend and be distributed to such] goes to the

child or children and lawful issue of [such] the child or children by right of

representation as follows: To [such] the child or children , each a [child's

part,] share and to the lawful issue of each deceased child, by right of

representation, the same [part and proportion that its] share that the parent

would have received [in case] if the parent had been living at the time of

the [intestate's death; that is, the lawful issue of any deceased child shall

parent been living at the time of the intestate's death.] death of the

134.110 If the decedent leaves no surviving [husband or wife,] spouse,

or child or children, but there [be] is the lawful issue of a child or children,

all [of] the estate [shall descend] desends and must be distributed to the

lawful issue of [such] the child or children by right of representation, and

this rule [shall apply] applies to the lawful issue of all such children, and to

134.120 If the [intestate shall leave no husband, or wife,] decedent

leaves no surviving spouse, or kindred, the estate [shall escheat] escheats

134.160 Kindred of the half blood [shall] inherit equally with those of

[intestate] decedent by descent [, devise or gift from some one of his or her

ancestors,] or devise from an ancestor, in which case all those who are not

of the blood of [such ancestors shall be] the ancestor are excluded from the

134.210 Whenever [any wife] one spouse dies intestate, leaving heirs,

if the [husband] other spouse dies intestate [subsequently to his wife,] after

the first spouse, without heirs, leaving property, [his] the estate of the

second spouse to die vests in the heirs of the [wife,] first spouse to die,

135.020 Where the title to property or the devolution thereof depends

upon priority of death and there is [no sufficient] insufficient evidence that

the persons [have] died otherwise than simultaneously, the property of each

person [shall] must be disposed of as if [he] that person had survived,

135.030 Where two or more beneficiaries are designated to take

of property and there is [no sufficient] insufficient evidence that these

beneficiaries [have] died otherwise than simultaneously the property thus

disposed of [shall] must be divided into as many equal portions as there are

successive beneficiaries and these portions [shall] must be distributed

135.040 Where there is [no sufficient] insufficient evidence that two

joint tenants or [tenants by the entirety have] spouses holding title to

community property with right of survivorship died otherwise than

simultaneously , the property so held [shall] must be distributed one-half as

distributed [shall] must be in the proportion that one bears to the whole

accident insurance have died and there is [no sufficient] insufficient

evidence that they [have] died otherwise than simultaneously , the proceeds

of the policy [shall] must be distributed as if the insured had survived the

premarital agreement between [the husband and wife] spouses which is

enforceable pursuant to chapter 123A of NRS, where [a husband and wife]

both spouses have died, leaving community property, and there is [no

sufficient] insufficient evidence that they [have] died otherwise than

as if [the husband] one spouse had survived and the other one-half thereof

must be distributed as if the [wife] other spouse had survived.

135.080 This chapter [shall] does not apply in the case of wills, living

trusts, deeds, or contracts [of insurance wherein] in which provision has

136.010 1. Wills may be proved and letters [testamentary or letters of

administration] granted in the county [of which the deceased] where the

decedent was a resident at the time of death, whether death occurred in that

county or elsewhere, and the district court of that county [shall have] has

court of any county [wherein] in which any part of the estate [may be.] is

located. The district court to which application [shall first be made shall

have] is first made has exclusive jurisdiction of the settlement of estates of

136.020 [No] A district judge shall not admit any will to probate, or

grant letters [testamentary or letters of administration,] in any case where [:

1. He shall be interested] The judge is:

1. Interested as next of kin to the deceased.

2. [He is a legatee or] A devisee under the will.

3. [He is named as executor] Named as personal representative or

4. [He is a] A witness to the will.

136.030 1. [When any] If a district judge, who would otherwise be

authorized to act, [shall be] is precluded from acting from the causes

mentioned in NRS 136.020, or [when he shall] if the judge is interested in

any manner [be interested, he] , the judge shall transfer all proceedings in

the matter of the estate to another judge of the same county, if there [be] is

one, who is not disqualified to act in the settlement of the estate, or [he

shall call a district] the judge shall request a judge of another district to

hold the court [of his] in the other county.

2. The judge to whom the matter is transferred or [such] the other

district judge shall hold court and [be] is vested with all the powers of the

court and judge so disqualified, and [shall retain] retains jurisdiction as to

court [wherein such] in which the proceeding was originally commenced

for which the proceeding was transferred no longer exist, any interested

person [interested in the estate] may have the proceeding returned to the

judge who [has] succeeded the disqualified judge, by filing a petition

setting forth these facts and moving the court [therefor.] to grant the

petition. If these facts are satisfactorily shown , the court must make an

136.050 1. Any person having [any will in his] possession of a will

shall, within 30 days after knowledge of the death of the person who

jurisdiction of the case or to the [person] personal representative named in

the will . [to execute it.]

2. Any person named as [executor or executrix in any] personal

representative in a will shall, within 30 days after the death of the testator ,

[or testatrix,] or within 30 days after knowledge of [such naming,] being

named, present the will, if in possession of it, to the [district] clerk of the

3. Every person who [shall neglect] neglects to perform any of the

duties required in subsections 1 and 2 without reasonable cause [, shall be]

is liable to every person interested in the will for the damages [such] the

interested person may sustain by reason of [such] the neglect.

136.060 1. If it is alleged in any petition that [any] the will of a

[deceased person] decedent is in the possession of a third person, and the

court [shall be] is satisfied that the allegation is correct, an order [shall]

must be issued and served upon the person having possession of the will,

to produce it in obedience to such an order may, by warrant from the court,

[such] the person produces the will. The [judge] court may make all other

136.070 1. [Any executor, devisee or legatee] A personal

representative or devisee named in a will, or any other interested person ,

[interested in the estate,] may, at any time after the death of the testator,

[same be in writing or nuncupative, in his] will is in the possession of that

person or not, or is lost or destroyed, or is beyond the jurisdiction of the

2. [Any person] A personal representative named in a will , [to

execute it,] though not in possession of the will, may present a petition to

the district court having jurisdiction, [praying] requesting that the person in

possession of the will be required to produce it [,] so that it may be

admitted to probate [, and that letters testamentary] and letters may be

(b) Whether the person named as [executor] personal representative

consents to act or renounces [his] the right to letters ; [testamentary;]

(c) The names [, ages] and residences of the heirs, next of kin [, devisees

and legatees] and devisees of the decedent, the age of any heir, next of kin

or devisee who is a minor, and the relationship of the heirs and next of kin

(d) The character and estimated value of the property of the estate; [and]

(e) The name of the person for whom letters [testamentary are prayed.]

136.100 1. [All petitions] A petition for the probate of a will and for

2. [Notice must be given as] The petitioner shall give notice of the

hearing for the period and in the manner provided in NRS 155.020 to the

heirs of the testator and the devisees [and legatees] named in the will, to all

persons named as [executors] personal representatives who are not

petitioning and to the administrator of the welfare division of thedepartment of human resources . [, and must state the filing of the petition,

the object, and the time for proving the will.] The notice must be

the [one] personal representative named in the will , [to execute it,] or if it

is presented by [one of several of such persons] fewer than all of the

personal representatives named in the will, [citation shall issue and] the

petition must be served upon [such] the personal representatives not

joining in the petition . [, if resident within the county. The citation shall be

136.150 1. If no person [shall appear] appears to contest the probate

of a will , the court may admit it to probate on the testimony of only one of

the subscribing witnesses, if [such testimony shall show] that testimony

shows that the will was executed in all particulars as required by law, and

that the testator [or testatrix] was of sound mind and had attained the age

of 18 years at the time of its execution.

2. [In all cases where the witness resides at a distance of more than 25

miles from the place where the court is held, the] An ex parte affidavit of

by law, and that the testator [or testatrix] was of sound mind and had

attained the age of 18 years at the time of its execution, [shall] must be

received in evidence and [have] has the same force and effect as if the

witness [was] were present and testified orally.

the [decease] death of the testator and at the request of the executor or any

interested person , [interested under the will,] make and sign an affidavit

[before any person authorized to administer oaths in or out of the state,]

stating such facts as [they] a witness would be required to testify to in court

to prove the will. [The affidavit must be written on the will, or, if that be

impracticable, on some paper attached thereto.] The sworn statement of any

witness so taken must be accepted by the court [of probate] as if it had been

136.170 1. [When] If it appears to the court that a will cannot be

proven as otherwise provided by law because one or more or all [of] the

merchant seamen, or] are dead or mentally or physically incapable of

upon the testimony in person , [or] by deposition or by affidavit of at least

two credible disinterested witnesses that the signature to the will is [in thehandwriting of the person whose will it purports to be,] genuine, or upon

other sufficient proof [of such handwriting.] that the signature is genuine.

2. The provisions of subsection 1 [shall] do not preclude the court, in

its discretion, from requiring in addition, the testimony in person , [or] by

deposition or by affidavit of any available subscribing witness, or proof of

such other pertinent facts and circumstances as the court [may deem] deems

probate in this state in lieu thereof and [have] has the same force and effect

2. [The court may authorize a photographic copy of the will to be

original will were present.] Unless otherwise ordered by the court, a

136.190 A holographic will may be proved [in the same manner as

other private writings.] by authentication satisfactory to the court.

136.200 1. [Whenever] If a will is offered for probate and it appears

there are minors [,] or unborn members of a class who are interested, or if

it appears there are other interested persons [interested in the estate but]

there is a contest or not, appoint an attorney for [such minors or other

persons.] them.

2. [When] If a person for whom an attorney has been appointed,

pursuant to subsection 1, retains counsel and notifies the court of [such] the

retention, the court shall [thereupon] enter an order relieving the court-

appointed attorney of further obligation to represent [such] the person.

136.220 A copy of [the record of] the will and [decree] order admitting

it to probate, certified by the clerk in whose custody it may be, [shall] must

136.230 [Whenever any will shall be] If a will is lost by accident or

destroyed by fraud without the knowledge of the testator, the [district courtshall have power to] court may take proof of the execution and validity of

the will and [to establish the same,] establish it, after notice is given to all

persons , [having first been given,] as prescribed [in cases of] for proof of

must include a copy of the will, or if no copy is available state, or be

substance thereof. [If the will is established the provisions thereof must be

3. No will shall be allowed to]

3. In addition, no will may be proved as a lost or destroyed will unless

[the same shall be] it is proved to have been in existence at the death of the

person whose will it is claimed to be, or [be] is shown to have been

fraudulently destroyed in the lifetime of [such] that person, nor unless its

provisions [shall be] are clearly and distinctly proved by at least two

4. The testimony of each witness must be reduced to writing, signed

5. If the will is established, its provisions must be set forth

lost or destroyed will, letters of administration [shall] have been granted

upon the estate of the [deceased,] decedent, or letters testamentary of any

previous will of the [deceased,] decedent, the court [shall have authority to]

may restrain the administration if necessary to protect the interests of

[legatees or] devisees claiming under the lost or destroyed will.

court of any county in this state in which the testator [shall have] left any

2. When a copy of the will and the order admitting it to probate ,

[thereof,] duly certified, [shall be] are presented by the executor, [his

nominee, or by any other person interested in the will,] a nominee or any

other interested person, with a petition for probate, the [same] order andcopy must be filed , and the clerk shall set a time [must be appointed] for a

hearing thereon , and notice must be given as required by law on a petition

for the original probate of a domestic will [.] pursuant to NRS 136.100.

the will has been duly proved and admitted to probate outside [of] this

[the same] it was made, or in which the testator was at the time domiciled,

or in conformity with the laws of this state, it must be admitted to probate [,

which probate shall have] with the same force and effect as the original

4. [When a duly] If a certified copy of a will from any jurisdiction

certificate of the legal custodian of the original will that the [same] certified

copy is a true copy [,] and that the will has become operative by the laws of

that jurisdiction, [and when] or a copy of a notarial will in possession of a

notary in a foreign jurisdiction entitled to the custody [thereof (] of the will

and required by the laws of [which jurisdiction require that the will remain

in the custody of the notary),] that jurisdiction to retain custody of it, duly

certified by the notary, is presented by the [executor,] personal

representative, his nominee [, or other persons] or another interested

person to the proper court in this state, the [court shall appoint] clerk shall

set a time [and place of] for a hearing thereon, and notice [thereof shall]

must be given as [in case of an original will presented for probate.]

5. If it [appear] appears to the court that the [instrument ought to] will

should be admitted to probate in this state, as the last will and testament of

the [deceased,] decedent, the copy [shall] must be filed [and recorded,]

with the clerk, and the will [shall have] has the same effect as if originally

proved and admitted to probate in the court [.] of this state.

An appeal from a final order determining the contest of a will is

137.010 1. The attorney general or any interested person ,

[interested,] including a devisee [or legatee] under a former will, may

thereof at any time before the hearing of the petition for probate . [, and

thereupon a citation shall be issued] Personal notice must then be given by

a citation directed to the heirs of the decedent and to all interested persons

, [interested in the will,] including minors and [incompetents,]

incapacitated persons, wherever residing, directing them to plead to the

contest within 30 days after service of the citation [which shall be madepersonally or by publication in the manner provided by the Nevada Rules

2. Any] in the manner provided in NRS 155.050.

2. A person so served may interpose any defense or objection to the

10 days within which to amend [his] the contest. If the motion is denied,

the petitioner and [others interested,] other interested persons, within 10

answer the contest. The times [herein mentioned] specified in this section

may be extended by the court . [or judge.]

137.020 1. [On the trial, the] In the contest, the contestant is plaintiff

and the petitioner is defendant. The written grounds of opposition [shall]

constitute a pleading and [be] are subject to the same rules governing

pleadings as in the case of complaint in [an ordinary] a civil action.

2. [Any] An issue of fact involving the competency of the decedent to

make a [last will and testament,] will, the freedom of the decedent at the

question substantially affecting the validity of the will, [shall] must be tried

3. Upon the determination of the contest, costs [shall] must be awarded

137.030 [On the trial,] In the contest, the testimony as to the

declaration of a testator [shall be] is admissible if contemporaneous with

the execution of the will insofar as the [same may relate] will relates to the

testator's intention , [of the testator, his] state of mind, [his] feelings,

examined , [;] or the death, absence or [insanity] incapacity of any of them

due execution of the will [;] and, as evidence of the execution, it may admit

137.060 If the court [shall be] is satisfied upon the proof taken when

heard by the court, or by the verdict of a jury [in case] if a jury is had, that

the will was duly executed by [a person] the testator, who was at the timeof sound and disposing mind and not under duress, menace, undue

influence or fraudulent representation, the court, by [decree] order in

writing, shall admit the will to probate . [, whereupon the will and decree

must be reduced to writing, signed [by him] in the form of an affidavit or

deposition and filed [, and shall be] with the court, and is admissible in

permanently [removed] moved from the state.

137.080 [When] After a will has been admitted to probate , any

interested person other than a party to a contest before probate [and other

than] or a person who had actual notice of [such] the previous contest in

time to have joined therein [,] may, at any time within 3 months after

[admission of such] the order is entered admitting the will to probate,

contest the [same] admission or the validity of the will. [For that purpose

he must file in] The contestant must file with the court in which the will

was proved a petition [in writing, duly verified, containing his] containing

the allegations of the contestant against the validity of the will or against

the sufficiency of the proof, and [praying] requesting that the probate be

the petition, a citation must be issued, directed to the [executor of the will,

or the administrator with the will annexed,] personal representative and to

all the devisees [and legatees] mentioned in the will, and the heirs, so far as

known to the petitioner, including minors and [incompetents,]

incapacitated persons, or the personal representative of any such person

137.100 The citation [shall] must be served and proceedings had

thereunder as in the case of a contest before probate. If the jury [shall find]

finds or the court [shall decide] decides that the will is invalid or is not the

of the will and letters testamentary. Thereupon the powers of the [executor

or administrator with the will annexed cease;] personal representative

cease, but [he shall not be] the personal representative is not liable for any