Detailed Answer
When a person dies without a will (intestate) in Nevada, state law in NRS Chapter 136 governs distribution of assets. A minor’s share requires special protection until they reach the legal age of 18. Below are the key steps:
- Open probate: File a petition in the decedent’s county probate court to appoint a personal representative under NRS 132.020 and NRS 132.031. (See NRS 132.020.)
- Inventory and appraisal: The personal representative must inventory estate assets and file an appraisal with the court under NRS 132.165. This ensures accuracy in calculating the minor’s share.
- Determine intestate heirs: Under NRS 136.020–136.080, heirs at law include children and descendants. The court calculates the minor’s portion based on these statutes.
- Establish guardianship or custodianship of the minor’s estate:
- Guardianship: File a petition under NRS 159.103 to appoint a guardian of the minor’s estate. The guardian must post a bond per NRS 159.105.
- UTMA custodianship: Alternatively, transfer assets via the Uniform Transfers to Minors Act under NRS 162.207–162.212. A custodian manages the property until the minor turns 21 or age specified by statute.
- Court supervision and accounting: The guardian or custodian must file periodic accountings under NRS 159.117. This reporting safeguards the minor’s inheritance and informs the court of all transactions.
Disclaimer: This article is for educational purposes only and does not constitute legal advice.
Helpful Hints
- Start probate promptly to prevent delays in securing assets.
- Consider a UTMA custodianship for smaller estates to reduce court fees.
- Ensure the guardian or custodian posts a proper bond to protect the minor.
- Keep detailed records of all receipts and disbursements for court review.
- Consult a Nevada probate attorney to navigate local court procedures.