Disclaimer: This article is for educational purposes only and does not constitute legal advice.
Detailed Answer
Under Nevada law, you must secure court authorization to freeze or protect a decedent’s bank accounts when co-heirs refuse to cooperate. You accomplish this through probate or, when eligible, via a small estate process.
1. Petition for Letters of Administration
Begin by filing a petition in the probate court of the county where the decedent last resided. This petition names you as personal representative and requests authority to manage estate assets, including bank accounts. Attach a certified copy of the decedent’s death certificate. See NRS 147.030 for requirements.
2. Notice to Heirs and Bond Requirement
Serve statutory notice on all known heirs and interested parties. The court may require you to post a bond to protect estate creditors and co-heirs.
3. Inventory and Appraisement
Within three months of your appointment, file an inventory listing estate assets—specifically identifying each bank account. This step handles asset valuation and notifies the court of holdings. See NRS 147.050.
4. Presentation of Letters of Administration
Once the court issues certified Letters of Administration, deliver a certified copy to the bank. Nevada financial institutions must honor the court order and hold or freeze the account per the representative’s instructions.
5. Ex Parte or Protective Order
If co-heirs obstruct estate administration or risk asset dissipation, petition the court ex parte for a protective order. Provide evidence of non-cooperation and potential harm. The court can order banks to freeze funds immediately until further estate proceedings conclude.
Alternative: Small Estate Affidavit
If the decedent’s personal property (excluding real estate) totals under $100,000, you may bypass formal probate by filing a Small Estate Affidavit. Attach a certified death certificate and the affidavit to present to the bank. See NRS 150.010.
By following these steps, you ensure the court grants you authority and that banks comply with valid court orders or certified Letters of Administration. Always keep certified copies of court documents and communicate clearly with fiduciaries and financial institutions.
Helpful Hints
- Obtain multiple certified copies of the death certificate immediately.
- Identify and locate all heirs before filing to avoid delays.
- Track all probate deadlines, especially for inventories and notices.
- Document every communication with co-heirs and financial institutions.
- Consider consulting a probate attorney if obstruction escalates.