Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a licensed attorney for guidance on your specific situation.
Detailed Answer
When someone dies in Nevada, family members and heirs must determine whether the decedent left a valid will or other estate planning documents. Nevada law sets strict requirements for executing, depositing and probating wills. Below are common steps under Nevada Revised Statutes (NRS) to verify the existence and validity of these documents:
1. Search the Decedent’s Personal Records
Begin by reviewing the decedent’s belongings. Common storage locations include:
- Home filing cabinets or safes
- Bank safe deposit boxes
- Attorney or accountant offices
- Digital storage (email accounts, password managers, cloud services)
Look for originals or certified copies of wills, trusts, powers of attorney, advance healthcare directives and beneficiary designations.
2. Contact the County Clerk for Will Deposits
Nevada allows a testator to deposit an original will with the county clerk before death. Under NRS 132.180, a will deposited in this manner remains sealed until the clerk receives official notice of the testator’s death. To check for a deposited will:
- Identify the county where the decedent resided at death.
- Submit a written request to the county clerk’s office with the decedent’s full name and date of death.
- Pay any applicable search or copy fees.
For statutory details on depositing a will, see NRS 132.180: https://www.leg.state.nv.us/NRS/NRS-132.html#NRS132Sec180.
3. Search Probate Court Records
If someone has already filed the will for probate, records will appear in the clerk’s office of the district court in the decedent’s county of residence. To perform a search:
- Visit or contact the district court clerk’s office.
- Provide the decedent’s full name and approximate date of death.
- Review filed documents: petitions for probate, admitted wills, letters testamentary or letters of administration.
Probate filings become public once the court admits a will, so this search confirms both existence and validity under Nevada law.
4. Confirm Formal Execution Requirements
Nevada law requires that a valid will meet specific formalities under NRS 133.070. Key requirements include:
- The will must be in writing.
- The testator must sign it or acknowledge their signature in the presence of two witnesses.
- Both witnesses must sign in the testator’s presence.
For full execution requirements, refer to NRS 133.070: https://www.leg.state.nv.us/NRS/NRS-133.html#NRS133Sec070. If any requirement is missing, the will may face formal challenges in probate.
Helpful Hints
- Check all locations where important papers might be stored: home, bank, attorney or CPA files.
- Ask family members or close friends if they have copies or know of the attorney who drafted the will.
- Keep detailed notes of contacts and search results, including dates and names of staff members you spoke with.
- Understand that sealed deposited wills become public only after probate is opened.
- Consider hiring a probate attorney if you encounter missing witnesses or suspect a will’s validity.