Detailed Answer
To open or administer an estate in Nevada probate court, you must present proof of the decedent’s death. Under Nevada law, a certified death certificate is prima facie evidence of death. See NRS 130.050. An obituary, however, is considered a public notice or news item, not a legal document, and usually does not satisfy the court’s requirement because it is hearsay and lacks certification.
If the original death certificate is unavailable, obtain a certified copy from the Nevada Office of Vital Records. See NRS 440.210. In limited circumstances—such as lost records or records in another jurisdiction—the probate court may accept alternative evidence when you file a petition showing good cause. See NRS 132.040. Acceptable alternative evidence can include sworn affidavits from witnesses with direct knowledge, law enforcement or coroner’s reports, and official correspondence confirming death. An obituary alone, without corroborating proof, will not satisfy the court’s requirement.
To proceed, gather all supporting documents and file a motion with the probate court to accept alternative evidence. Consider consulting a probate attorney to evaluate your situation and assist with the petition process.
Helpful Hints
- Order a certified death certificate early from the Nevada Office of Vital Records.
- Verify whether the decedent’s death occurred outside Nevada; request records from that jurisdiction if needed.
- Collect primary evidence such as hospital or coroner’s reports and police records confirming the death.
- Obtain sworn affidavits from individuals who witnessed or have direct knowledge of the death.
- File a formal petition under NRS 132.040 asking the court to accept alternative proof of death.
- Keep copies of all documents and proof of service when you submit materials to the court.
Disclaimer: This article provides general information and does not constitute legal advice. Consult a qualified attorney to address your specific situation.