Detailed Answer
When someone dies intestate (without a will) in Nevada, the court follows a priority list under NRS 143.020 (https://www.leg.state.nv.us/NRS/NRS-143.html#NRS143Sec020). The usual order is: spouse, children, parents, siblings, more distant relatives, and then creditors. A client who ranks lower may still obtain appointment as administrator if a higher-priority heir is unavailable or declines.
1. Renunciation by a Higher-Priority Heir
Under NRS 143.080 (https://www.leg.state.nv.us/NRS/NRS-143.html#NRS143Sec080), an heir can renounce the right to serve. The renunciation must be signed, notarized, and filed with the court. Once the court accepts it, the next eligible person in priority may petition for letters of administration.
2. Failure to Qualify Within 30 Days
If a named heir does not file a bond or otherwise qualify within 30 days after being appointed, a vacancy arises under NRS 143.085 (https://www.leg.state.nv.us/NRS/NRS-143.html#NRS143Sec085). At that point, the court may appoint the next person in the priority list who is willing and able to serve.
3. Disqualification or Incapacity
The court may disqualify an heir for cause—such as incapacity, conflict of interest, or felony conviction—pursuant to NRS 143.020. When an heir is disqualified, the court moves down the priority list to find a qualified administrator.
4. Court’s Discretion for Cause
Even if a higher-priority heir is willing, the court can remove or refuse to appoint them under NRS 144.040 (https://www.leg.state.nv.us/NRS/NRS-144.html#NRS144Sec040) for misconduct or incapacity. The court may then select another qualified individual.
Hypothetical Example
Maria’s brother is first in line to serve as administrator, but he lives out of state and declines to take on the responsibilities. He formally renounces under NRS 143.080. Maria, next in line, files her petition and bond. After notice to all heirs, the court issues letters of administration to Maria.
Helpful Hints
- Review NRS Chapter 143 for detailed rules on priority, bond requirements, and qualification deadlines.
- Ensure any renunciation is in writing, notarized, and filed before you petition.
- Prepare the required surety bond—amount is set by the court under NRS 143.035.
- Serve notice on all heirs and creditors to avoid delays or objections.
- If a higher-priority heir fails to act, file a motion to declare a vacancy under NRS 143.085.
- Consult with probate counsel early to navigate complex disputes and deadlines.
Disclaimer: This article is for educational purposes only and does not constitute legal advice. For guidance on your specific situation, contact a qualified attorney in Nevada.