How to Obtain and Submit an Original Will or Filed Copy During Probate in Nevada

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.

Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a licensed Nevada attorney for guidance on your specific situation.

Detailed Answer

When a loved one dies in Nevada leaving a will, the personal representative must present that will to the district court in the county where the decedent was domiciled at death (NRS 133.050). You have two options: submitting the original document or, if it is lost, a certified copy filed with the court.

1. Locating the Original Will

The original will often resides in one of these locations:

  • An attorney’s office (attorneys must keep wills safe under Nevada Rules of Professional Conduct).
  • A safe deposit box at a bank (a court order may be required to access upon death).
  • The decedent’s personal files or home safe.

2. Obtaining a Filed Copy

If the original cannot be found, Nevada law allows a filed copy to be admitted if you prove the original was validly executed and subsequently lost or destroyed (NRS 133.165).

  • Contact the district court clerk in the county where the decedent lived (NRS 133.050).
  • Provide the decedent’s name, date of death, and case or file number if known.
  • Pay any applicable fees to obtain a certified copy of the will.

3. Submitting the Will for Probate

  • File a petition for probate of will and appointment of personal representative, including the will and death certificate. See required contents in NRS 133.130.
  • Serve notice on heirs, beneficiaries, and creditors as required by NRS 133.020 and NRS 133.200.
  • Attend the probate hearing. If admitted, the court will issue letters testamentary.

Helpful Hints

  • Review NRS Chapter 133 online: www.leg.state.nv.us/NRS/NRS-133.html.
  • Search Nevada Courts CaseSearch to find filed probate documents.
  • Request multiple certified copies of the will and letters testamentary for banks and agencies.
  • Keep detailed records of all filings, notices, and service receipts.
  • Consider consulting a probate attorney if the will is contested or assets are complex.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.