Disclaimer: This article is for educational purposes and does not constitute legal advice. For guidance on your specific situation, consult a qualified attorney.
Detailed Answer
Nevada law provides that a surviving spouse may claim a statutory allowance against the decedent’s estate under NRS 145.020. To prove eligibility, the surviving spouse must show a valid marriage. A certified marriage certificate is regarded as prima facie evidence under NRS 122.050.
If the marriage certificate is incomplete—missing signatures, dates or official seals—or if it cannot be located, Nevada law permits the use of secondary evidence. Under NRS 122.080, the court may accept alternative proof such as:
- Affidavits from individuals who witnessed the ceremony.
- Medical, insurance or tax records indicating marital status.
- Testimony from family members, friends or the officiant.
The probate court evaluates the credibility and sufficiency of this evidence. The surviving spouse must demonstrate that the marriage was solemnized in compliance with Nevada requirements. If the court finds the proof inadequate, it may postpone or deny the allowance claim until satisfactory evidence is presented.
When documentary proof is lacking, the court may schedule a hearing on the marriage’s validity. At the hearing, the surviving spouse can present witnesses and any relevant records. If the court confirms the marriage, it will grant the statutory allowance without requiring a certified certificate.
Helpful Hints
- Collect all materials that reference your marriage, such as joint tax returns, insurance policies and medical records.
- Identify and secure affidavits from witnesses who attended or officiated the wedding.
- File a motion early in the probate process to address any missing certificate issues.
- Contact the county clerk’s office to request a certified copy or search for the original record.
- Keep digital and physical copies of vital documents in a secure, organized location.