Detailed Answer
Disclaimer: This information is for educational purposes only and does not constitute legal advice. Always consult an attorney or the local court for guidance tailored to your situation.
1. Determine Eligibility
Under Nevada law (see NRS 138.070), close relatives and other interested parties may petition for letters of administration when someone dies without a valid will (intestate). Common petitioners include:
- Spouse or domestic partner
- Adult child
- Parent
- Sibling
- Other next of kin
2. Prepare and File the Petition
File with the county clerk in the county where the decedent lived. Required forms from the Nevada Administrative Office of the Courts (AOC) include:
- AOC Probate Form 2: Petition for Letters of Administration
- AOC Probate Form 1: Probate Cover Sheet
- Original certified copy of the decedents death certificate
Your petition must identify the decedent, list heirs and their addresses, and state the estimated estate value (NRS 138.050).
3. Provide Notice of Hearing
After filing the petition, the clerk sets a hearing date. Serve notice on all heirs and interested parties using:
- AOC Probate Form 3: Notice of Hearing on Petition for Letters of Administration
- AOC Probate Form 4: Affidavit of Mailing or Personal Service
4. Post Bond and Take Oath
Before issuing letters, the court may require a probate bond to protect estate assets (NRS 138.210). You must also file:
- AOC Probate Form 11: Oath of Personal Representative (NRS 138.260)
- AOC Probate Form 14: Personal Representative’s Bond (if bond is required)
5. Attend the Hearing and Receive Letters
At the hearing, the judge reviews the petition, bond, and notices. If all requirements are met, the court signs the order for letters of administration. The clerk issues:
- AOC Probate Form 9: Letters of Administration
6. Administer the Estate
Once appointed, the personal representative (administrator) must:
- File inventory and appraisal within 90 days (AOC Probate Form 15)
- Pay valid debts and taxes
- Distribute assets to heirs according to NRS 134.040 (intestate succession)
- File final account and petition for distribution (AOC Probate Form 20)
Helpful Hints
- Contact the county clerks office for filing fees and local requirements.
- Keep certified copies of all filed documents for your records.
- Serve all notices by certified mail or personal service and keep proof.
- Check whether a probate bond is required or if you can request waiver.
- Use the latest AOC forms available on Nevadas court website.
- Consider consulting a probate attorney for complex estates or disputes.