Disclaimer: This article is for general informational purposes only and does not constitute legal advice. Consult a licensed attorney for guidance on your specific situation.

How to Petition Nevada Courts to Reopen a Closed Estate

Detailed Answer

Under Nevada law, heirs may ask a probate court to reopen a closed estate if they discover unclaimed assets after final distribution. Nevada’s probate process is governed by Chapter 147 of the Nevada Revised Statutes (NRS).

1. Confirm the Estate’s Closed Status: Visit the county probate clerk’s office to review the court file or request a certified status report. A closed estate typically issues a final decree and discharges the personal representative.
2. Identify Unclaimed Assets: Gather proof of overlooked property—bank accounts, securities, real estate deeds or personal property. Cross-check with the Nevada Unclaimed Property Division (Treasurer’s Office).
3. Draft the Petition to Reopen: Under NRS 147.190, file a petition titled “Petition to Reopen Estate for Discovery of Assets.” Include:
   • Case number and estate name
   • Factual basis for reopening (e.g., newly discovered bank account)
   • List of interested parties (heirs, devisees, creditors)

   See NRS 147.190 for statutory language: NRS 147.190.

4. File and Serve the Petition: Submit to the probate clerk in the original county. Serve the personal representative and all heirs under NRCP 4 within the time prescribed by court rule (generally 10 days before hearing).
5. Attend the Court Hearing: Present evidence of the unclaimed assets and demonstrate due diligence in discovery. Address any objections from interested parties.
6. Obtain an Order to Reopen: If the court finds good cause, it will issue an order reopening the estate. The judge may also appoint or reconfirm a personal representative to collect, value and distribute the newly found assets.
7. Petition for Distribution of Reopened Assets: File a separate petition under NRS 147.195 to distribute the assets according to the decedent’s will or Nevada’s intestacy laws (NRS 134.040).

Helpful Hints

• Check the original estate docket for any provisions allowing post-closing relief.
• Keep detailed records of your search efforts to show the court you acted in good faith.
• Watch statutory time limits: estates remain open for two years for creditor claims (NRS 147.340).
• Notify all heirs by certified mail to reduce objections and delays.
• Consider consulting a probate attorney to navigate asset valuation and tax implications.
• Coordinate with the Nevada Unclaimed Property Division to recover assets already turned over to the state.