Submitting an Original Will to a Nevada Probate Court When You Live Out of State

Disclaimer: I am not a lawyer and this is not legal advice. This article explains general Nevada probate procedures to help you understand options and prepare to work with a Nevada probate court or an attorney.

Detailed answer: how to submit the original will from out of state (Nevada law)

If the decedent owned property in Nevada or was domiciled in Nevada when they died, the original will must be presented to the Nevada probate court in the county with proper jurisdiction. Even if you live outside Nevada, you can start the probate process by filing the original will and required probate paperwork with the appropriate Nevada court. Below are the practical steps most petitioners follow, and links to Nevada resources.

1. Confirm the correct Nevada court

File in the Nevada district court for the county where the decedent was domiciled at death (or, for out‑of‑state decedents who owned Nevada property, in the county where that property is located). If you are unsure of the decedent’s Nevada county of residence or where real property is located, check records or contact county assessor or the district court clerk.

2. Contact the district court probate clerk

Call or email the district court probate clerk in that county before mailing documents. Clerks provide filing instructions, local forms, current fees, and whether the clerk accepts mailed filings or requires an attorney to file. Find Nevada courts’ general probate self‑help resources: Nevada Courts – Probate (Self Help).

3. Gather documents to submit with the original will

• Original will (the document signed by the testator).
• Certified copy of the decedent’s death certificate (many courts require a certified copy to open a file).
• Filing fee (amount varies by county).
• Probate petition or application forms required by the county (petition for probate of will and for letters testamentary/administration).
• Proposed order or letters (letters testamentary or letters of administration).
• Contact information for the petitioner(s) and the nominated personal representative (executor).
• Affidavit of mailing or list of heirs and beneficiaries (some courts ask for this at filing).

4. Decide how to get the original will to the court

Options:

• Mail or courier the original will and required documents to the probate clerk using a reliable, trackable service. Use a cover letter describing the contents and request confirmation of receipt.
• Designate a trusted local person or an attorney in Nevada to file the original will in person. If you want someone else to file for you, give them a signed authorization letter and copies of your ID.
• Hire a Nevada attorney to handle filing, especially if any complication exists (disputes, missing witnesses, out‑of‑state executor issues).

5. Consider whether the will is self‑proving

Many wills include a self‑proving affidavit (a notarized statement signed by the testator and witnesses). A self‑proved will generally streamlines probate because the court accepts it without calling witnesses to testify. If the will is not self‑proving, Nevada law allows the court to require witness testimony to prove the will. If witnesses are unavailable (they live far away, are deceased, or cannot be located), the court may permit alternate proof, but that often requires extra filings or evidence and legal help.

See Nevada statutes on wills and probate (general overview): NRS Chapter 133 — Wills.

6. If you are the nominated personal representative and you live out of state

You can usually serve as the personal representative (executor) even if you live outside Nevada, but local rules vary. The court may require a bond, additional surety, or a local agent if you are a nonresident. Confirm the county’s specific practice by contacting the clerk or reviewing local forms. If you cannot serve or prefer not to, the court can appoint another qualified person.

7. Ancillary probate (if the decedent lived in another state but owned Nevada assets)

If the decedent was domiciled outside Nevada but owned real property or titled personal property in Nevada, the executor should open an ancillary probate in the Nevada county where the property sits. Ancillary probate typically requires filing a certified copy of the out‑of‑state probate or letters as part of the Nevada proceeding. Contact the county clerk for specific ancillary filing requirements.

8. Prepare for possible follow-ups

After the clerk receives the original will and the petition, the court may set a hearing, require notice to interested persons, or request proof from witnesses if the will is not self‑proving. Stay responsive to clerk requests and consider hiring a Nevada attorney to represent you at hearings or to handle formal service and notices.

Practical checklist to submit an original will to Nevada probate court

1. Locate the county of decedent’s Nevada residence or Nevada property.
2. Contact that county’s district court probate clerk for filing instructions and fee schedule.
3. Obtain the certified death certificate.
4. Assemble the original will, petition forms, fee, and any self‑proving affidavit.
5. Decide whether you will mail the original will, authorize a local person to file it, or hire a Nevada attorney to file.
6. Use tracked courier or registered mail if sending the original; include a cover letter and request written confirmation of filing.
7. Retain copies of everything you send, and keep proof of delivery.
8. If witnesses may be necessary to prove the will, try to locate them or consult an attorney about alternate proof options.

Helpful Hints

• Always send the original will—not a copy—unless the clerk confirms they will accept a certified copy temporarily. Nevada courts will generally want the original for probate.
• Obtain a certified death certificate early; many Nevada clerks will not accept a probate filing without it.
• If the will is self‑proving (has a notarized affidavit), point that out in your cover letter; it often avoids calling witnesses to testify.
• Ask the clerk whether the county accepts filings by mail and whether you must appear for any initial hearing in person.
• Consider hiring a Nevada probate attorney if the will is contested, if witnesses are missing, if the executor is nonresident and unsure about bond requirements, or if the estate has complex Nevada assets (real estate, businesses, or accounts titled in Nevada).
• If the decedent owned only small Nevada assets, an ancillary probate may be simpler; ask the clerk about simplified procedures for small estates.
• Keep careful records: track all communications, keep copies of everything mailed, and save tracking numbers and receipts.

Resources

• Nevada Revised Statutes — Wills: NRS Chapter 133.
• Nevada Courts — Probate self‑help and forms: https://www.nvcourts.gov/Self_Help/Probate/. (Contact the appropriate county district court clerk listed on the site.)

If you want, tell me the Nevada county involved (or whether the decedent lived out of state) and whether the will includes a self‑proving affidavit. I can then outline likely local steps and a short list of documents to prepare.