Disclaimer: This article is for educational purposes only and does not constitute legal advice.
Detailed Answer
Before opening probate in Nevada, you must locate and verify the decedent’s original will and any codicils. Nevada law requires the original document for probate, not a copy. Follow these key steps:
1. Conduct a Thorough Search of Personal Papers
Begin at the decedent’s home or office. Review file cabinets, desks, safes and personal files for paperwork labeled “Will,” “Estate Plan” or “Codicil.” Search digital records—scanned files, cloud storage or emails—for instructions directing you to the original.
2. Contact the Decedent’s Attorney
Many individuals keep their original wills with the drafting attorney. Under NRS 133.040, an attorney in possession of a decedent’s will must file it with the district court within 30 days of learning of the death. Call the attorney’s office and request any estate documents.
3. Check Safe Deposit Boxes and Banks
Safe deposit boxes often store estate documents. Nevada law (NRS 155.080) permits a personal representative to obtain a court order to open the box. Present a certified death certificate and a copy of your petition to the court.
4. Inquire at County Recorder or Clerk’s Offices
Nevada does not maintain a centralized will registry. However, if someone filed a notice of deposit or registered a document under local rules, the county recorder or district court clerk may have a record. Contact these offices in counties where the decedent lived.
5. Verify Authenticity
An original will in Nevada must be signed by the testator and witnessed by two disinterested parties (NRS 133.020). Examine the signature block and witness attestations. If the original is lost or destroyed, Nevada allows proof by clear and convincing evidence, such as credible witness testimony, under NRS 156.020. Courts require a petition and detailed affidavit of loss.
Helpful Hints
- Interview close family members or friends who may know where documents were kept.
- Review bank statements and safe deposit box rental agreements for clues on location.
- Check electronic wills services or cloud-storage accounts if the decedent used e-planning tools.
- Keep detailed notes of all contacts, dates and documents you review.
- If you hit a dead end, consider hiring a probate attorney to conduct a formal asset search.