Detailed answer — how Nevada treats creditor claims filed after the 90‑day notice

When someone dies, Nevada law requires notice to creditors and a limited time for those creditors to present claims against the decedent’s estate. If a creditor files a claim after the usual 90‑day notice period, the late claim is generally at risk of being barred. The personal representative (executor/administrator) normally has grounds to object and ask the probate court to disallow the claim.

Key points to understand:

• Deadline purpose: The 90‑day period (commonly described in practice as a three‑month period following published or mailed notice) exists to give the personal representative a predictable window to collect and pay valid debts before the estate distributes assets to heirs and beneficiaries.
• Default result for late claims: A claim presented after the required notice period is usually treated as untimely and may be disallowed by the probate court. If disallowed, the creditor generally cannot force the estate to pay that claim ahead of timely creditors.
• Possible exceptions and court discretion: Nevada courts can allow a late claim in limited circumstances. Common reasons a court might permit a late claim include lack of proper notice to the creditor, excusable neglect, fraud or misleading behavior by the personal representative, or other equitable reasons. Government claims (taxes) or claims that arise after the decedent’s death (e.g., an administrative expense of the estate incurred by the personal representative) may have different treatment.
• How to challenge a late claim: The personal representative should formally object in probate court, asking the judge to disallow the untimely claim. The creditor then has the burden of persuading the court that an exception applies.
• Consequences if the court allows a late claim: If the court admits a late claim, the claim will be allowed and paid according to the statutory priority rules and the estate’s available assets.

For the relevant statutory text and broader probate rules, see the Nevada Revised Statutes on probate and creditor claims on the Nevada Legislature website: https://www.leg.state.nv.us/NRS/ (search for “creditors’ claims” or “probate claims” to locate the specific provisions).

Typical procedural steps — What each side should do

If you are the personal representative

1. Review the claim carefully. Note the filing date, the basis for the debt, and any supporting documents.
2. Check whether the probate provided proper notice to that creditor. If the creditor received no notice, the court is more likely to allow a late claim.
3. File a formal written objection (or motion to disallow) with the probate court before paying claims or distributing assets. Follow Nevada probate procedure and local court rules for timing and service.
4. Keep estate funds segregated. Do not distribute assets until the court rules on disputed claims or the time for claims has passed and you have authority to distribute under Nevada law.
5. Consider getting a court order resolving disputed claims before final distribution to avoid personal liability for improper distributions.

If you are the creditor who filed late

1. Act quickly. File any supporting documents and a written explanation for the delay.
2. Show proof of lack of notice or excusable neglect if applicable (for example, the creditor only learned of the death later, or the notice was not properly mailed or published).
3. Consider seeking court relief under equitable principles. Nevada courts can allow late claims for good cause.
4. Talk with a probate attorney promptly. A lawyer can draft the right petition and evidence to persuade the court to allow the late claim.

Common scenarios and how Nevada courts usually treat them

Below are typical fact patterns and likely outcomes:

• Creditor had actual notice but filed late: Courts are less sympathetic. The claim is often barred unless the creditor can show excusable neglect or other persuasive reasons.
• Creditor received no notice: Courts frequently allow the claim if the claimant can show they were not reasonably notified and that permitting the claim is fair to other parties.
• Claim arises after the decedent’s death (administrative claims): These may not be subject to the same 90‑day bar and can be treated differently under Nevada law.
• Government tax claim: Priority and different statutes often govern these; they may not be barred by the ordinary notice deadline in the same way.

Helpful hints

• Document everything: save copies of notices, mails, publications, and the claim paperwork.
• If you are the personal representative, do not distribute assets until the creditor deadline passes or the court resolves disputed claims.
• If you are a late creditor, file a written explanation with supporting evidence (e.g., lack of notice, medical records, changed address) and ask the court for relief promptly.
• Consult a Nevada probate attorney early. Timelines and local practice affect outcomes.
• Search the Nevada Revised Statutes and local court rules for the exact filing deadlines and procedures: https://www.leg.state.nv.us/NRS/.
• Consider mediation or settlement talks if litigation would be costly and the estate has limited assets.