Disclaimer: This article is for informational purposes only and does not constitute legal advice.
Detailed Answer
Under Nevada law, beneficiaries can take specific legal steps when an estate administrator (personal representative) delays or refuses to distribute an inheritance share. The process generally involves reviewing the administrator’s duties, requesting an accounting, and, if necessary, petitioning the court to compel distribution.
1. Review the Administrator’s Duties
Every personal representative in Nevada must follow the duties set out in the Nevada Revised Statutes (NRS). These include gathering assets, paying valid debts and taxes, and distributing the remainder to beneficiaries in accordance with the will or statute. NRS 146.115 lists these core responsibilities. If the administrator fails to perform these duties, beneficiaries gain grounds for court intervention.
2. Demand a Formal Accounting
Under NRS 146.380, beneficiaries have the right to request a detailed accounting of estate assets, liabilities and expenses. Send a written demand to the administrator. If they refuse or ignore the request, you can include this refusal in your court petition.
3. Petition the Court to Compel Distribution
If the personal representative refuses to deliver your distributive share after accounting, file a petition in the probate court that is handling the estate. Cite NRS 146.315, which allows any interested person to ask the court for an order requiring the administrator to distribute property. The court may issue a citation directing the administrator to appear, show cause and make distribution.
4. Seek Removal or Sanctions for Misconduct
If you believe the administrator has mismanaged assets, breached fiduciary duty or acted in bad faith, you can petition under NRS 146.190 to remove the personal representative. You may also ask the court to surcharge (financially penalize) them under NRS 146.440.
5. Understand Debt Priority Before Distribution
Creditors and expenses must be paid before any inheritance is distributed. See NRS 147.040. If debts exceed assets, you may not receive a share until the administrator completes this priority list.
Helpful Hints
- Keep written records of all communications with the administrator.
- Review the will (if one exists) and understand your exact share.
- Document any delays or refusals to provide an accounting.
- Note statutory deadlines for filing petitions in Nevada probate court.
- Consider mediation or alternative dispute resolution before formal court action.
- Consult a licensed Nevada attorney for personalized guidance.