Disclaimer: This article is for informational purposes only and does not constitute legal advice. Always consult a qualified attorney about your specific situation.
Detailed Answer: Managing Estate Administration in Nevada Across Multiple Jurisdictions
When someone dies owning assets in more than one Nevada county or in other states, you generally open a single probate case in the decedent’s county of residence. Nevada Revised Statutes (NRS) Chapter 147 governs the probate process.
1. Primary Probate in County of Domicile
Under NRS 147.035 (Appointment of Personal Representative), you file a petition in the district court of the county where the decedent lived at death. The court appoints a personal representative who holds letters testamentary or administration. Those letters empower the representative to collect and distribute all Nevada assets—real and personal—regardless of which county holds title.
2. Assets in Multiple Nevada Counties
Nevada uses a statewide probate system. You do not open separate proceedings in each county. The single probate case covers all Nevada assets. The personal representative files inventories and accountings with the same court, even if property lies in Carson City, Clark, Washoe or any other county.
3. Ancillary Probate for Out-of-State Assets
If the decedent held real estate or significant personal property outside Nevada, you may need an ancillary probate in that state. Ancillary probate authenticates Nevada letters in the foreign court. Procedures vary, but you typically file certified copies of your Nevada letters and follow local rules for notice, fees, and bond.
4. Small Estate Affidavit Option
If total personal property in Nevada falls below $25,000 (excluding liens), you can avoid full probate for those assets by using a small estate affidavit under NRS 147.015 (Small Estate Affidavit). This streamlined process does not apply to real property or out-of-state assets.
Helpful Hints
- Inventory Assets Thoroughly: List all real estate, bank accounts, investments, and personal property by county and state.
- File in the Right County: Always open probate in the decedent’s county of domicile; one case covers all Nevada assets.
- Check Out-of-State Rules: Research ancillary probate requirements in each state where property exists.
- Use Small Estate Affidavits: If Nevada personal property under $25,000, file under NRS 147.015 to skip formal probate.
- Keep Detailed Records: Track court filings, letters of administration, and asset transfers to prevent disputes.
- Notify Interested Parties: Give notice to beneficiaries, creditors, and taxing authorities in every jurisdiction.
- Consider Trusts: A revocable trust can hold multi-state assets and avoid ancillary probates entirely.
- Seek Professional Guidance: Consult an estate attorney licensed in Nevada and any other relevant state.