Detailed Answer
Disclaimer: This article is for educational purposes and does not constitute legal advice.
Under Nevada law, only the decedent’s personal representative may file a wrongful death claim. NRS 41.085(1) states that a wrongful death action “may be maintained only by the personal representative of the decedent’s estate.” Without letters of personal representative issued by a Nevada district court, you cannot bring a wrongful death suit after a car accident.
To obtain those letters, you must open a probate estate under the Nevada Revised Statutes (NRS) Chapter 140. You start by filing a Petition for Probate of Will and for Letters (or a Petition for Administration if there is no will). The court appoints the personal representative, who then has authority to pursue claims on behalf of the estate. See NRS 140.030.
In limited cases where the estate’s personal property (after funeral expenses) does not exceed $100,000, you may use Nevada’s small estate summary procedure under NRS 144A.720. That process still requires court approval but moves faster than formal probate. Note, however, that wrongful death damages often exceed that threshold, making formal probate the usual route.
Key Nevada statutes:
- Wrongful death action by personal representative: NRS 41.085
- Opening a probate estate and issuing letters: NRS 140.030
- Small estate summary administration: NRS 144A.720
- Statute of limitations for wrongful death: NRS 11.190(4)(e) (two years)
In practice, you must:
- File a probate petition in the decedent’s county district court.
- Serve notice on heirs and publish as required by NRS 140.040–140.070.
- Receive letters of personal representative from the clerk.
- File the wrongful death complaint under NRS 41.085 within two years of death.
Helpful Hints
- Gather the death certificate, asset records, and any vehicle or insurance documents before filing.
- Identify all heirs at law to meet notice requirements.
- Check if your estate qualifies for small estate summary administration under NRS 144A.720.
- Track the two-year statute of limitations in NRS 11.190(4)(e).
- Keep detailed records of all probate filings and notices.
- Consider mediation or settlement discussions after filing to reduce time and costs.
- Consult a probate clerk or an attorney to verify local court rules and fees.