Disclaimer: This article is for educational purposes only and does not constitute legal advice.
Eligibility for Personal Representative in Nevada
Under Nevada law, the probate court appoints a personal representative (sometimes called an executor or administratrix) to manage a decedent’s estate. Nevada Revised Statutes (NRS) Chapter 143 sets the rules for who may serve and in what order.
Statutory Priority List
- Spouse
- Children
- Parents
- Siblings
- Other persons interested in the estate
See NRS 143.017 for the full list.
Role of a Mother-in-Law
A mother-in-law is not a spouse, child, parent or sibling of the deceased. Under NRS 143.017(5), she falls into the category of “other person interested in the estate.” She may only be appointed if all higher-priority individuals are either unwilling, unable or ineligible to serve. If a spouse, child or parent files a timely petition and qualifies, the court must appoint that person first.
How to Open an Estate and Apply
Follow these steps to probate an estate and petition for appointment as personal representative:
- File a Petition for Probate in the district court where the decedent lived, including the death certificate and list of heirs.
- Serve notice on all interested parties and creditors in accordance with NRS 143.020.
- Request Letters of Personal Representative from the court clerk; post bond if required under NRS 143.054.
- Gather and protect estate assets, pay valid debts and taxes, and file an inventory and accounting with the court.
- Distribute remaining assets following the decedent’s will or Nevada’s succession statutes, then file a final closing statement to end the probate.
Helpful Hints
- Confirm whether any spouse, child or parent intends to petition—higher-priority heirs have first right to serve.
- Contact the county clerk’s office for required forms and local probate procedures.
- Maintain accurate records of all estate transactions and communications.
- Obtain and file any required bond early to prevent delays.
- Consider consulting an attorney for complex estates or disputes.