Short answer
If a person dies in Nevada without a valid will, a probate court appoints a personal representative (commonly called an administrator) to manage and distribute the estate under Nevada intestacy rules. To be appointed, you generally must file a petition in the county where the decedent lived, show you are an appropriate heir or otherwise suitable person, provide required documents, give notice to interested parties, and, if required, post a bond. The court will issue letters of administration once it approves the appointment.
Detailed answer — how the appointment process works in Nevada
1. Which court has jurisdiction?
Probate matters are handled by the district court in the county where the decedent was domiciled at the time of death. For practical steps and local forms, Nevada’s judicial system provides self-help pages: Nevada Courts — Probate.
2. Who may be appointed administrator?
When there is no will, Nevada follows an order of priority for appointing a personal representative. Typically the court gives preference to an interested person with the highest priority under intestacy (for example, a surviving spouse, then children, then parents, then siblings). If no priority heir petitions, a court may appoint another qualified and suitable person. If multiple people petition and one has priority, the court usually favors that person unless there is a good reason not to.
3. Key documents you will need
- Death certificate (multiple certified copies are often required).
- Proof of your identity and relationship to the decedent (birth certificates, family records, etc.).
- Completed probate forms required by the county clerk or district court (petition for appointment, oath, information for bond calculation, and notices).
- Inventory of known assets if already identified.
4. Filing the petition
You must file a formal Petition for Letters of Administration (or the county’s equivalent form) with the district court in the correct county. The petition requests the court appoint you as the personal representative and asks the court to issue letters that authorize you to act for the estate.
5. Notice and opportunity for others to object
After filing, Nevada law requires notice to interested persons (heirs and others who may have a claim). That gives other potential heirs or creditors a chance to object to your appointment or ask the court to appoint someone else. The court will set a hearing date if an objection is filed or if the court needs to examine issues such as capacity, priority, or disqualifications.
6. Bond and fiduciary duties
The court may require you to post a bond to protect the estate from mismanagement or loss. The court will also explain your fiduciary duties: inventory assets, safeguard property, pay valid debts and taxes, file required accounting, and distribute remaining assets according to Nevada intestacy rules.
7. Letters of Administration and starting work
Once the judge signs the order appointing you and you satisfy any bond or oath requirements, the court issues letters of administration. Those letters are the written authority you present to banks, government agencies, and others to act on behalf of the estate.
8. Intestate succession and what you will distribute
When there is no will, the estate passes under Nevada’s intestacy rules to qualified heirs (spouse, children, parents, siblings, etc.) as set by statute. The personal representative follows those rules in distributing assets after paying debts, taxes, and administration expenses. For general statutory materials and the Nevada Revised Statutes, see the Nevada Legislature website: Nevada Revised Statutes (NRS), and consult the Nevada Courts probate resources: nvcourts.gov — Probate.
9. Typical timeline
Timing varies by county and complexity. Simple administrations may be completed in a few months if assets are small and uncontested. Complex estates, creditor claims, or disputes among heirs can extend the process to a year or more.
10. What if someone else is appointed or objects?
If another person is appointed and you believe you had superior priority or the appointment was improper, you can object in court. If you cannot agree with co-heirs, the court resolves priority disputes, incapacity, conflicts of interest, or any showing that an appointed person is unsuitable.
11. When probate may not be necessary
Not every asset must pass through probate. Assets held jointly with rights of survivorship, payable-on-death designations, trusts, and some small personal property transfers may avoid probate. Nevada provides simplified procedures for small estates in some circumstances; check local court rules or the Nevada Courts self-help pages for qualifying options.
Helpful hints
- Start by contacting the district court clerk in the decedent’s county for the exact forms and local filing fees; each county may have slightly different procedures and required forms.
- Order multiple certified death certificates early — banks and government agencies typically require certified copies.
- Gather documentation of assets (bank statements, deeds, titles, retirement accounts) before filing so you can provide a reasonable inventory to the court.
- If other heirs live out of state, provide the court with their current addresses to satisfy notice requirements and avoid delays.
- Expect to file an inventory and periodic accountings; keep detailed records of all estate transactions and communications about the estate.
- If you anticipate disputes or if the estate is complex (real property, business interests, tax issues), consult an attorney experienced in Nevada probate—short consultations can clarify whether formal representation will save time and reduce risk.
- Use court self-help resources and probate checklists on nvcourts.gov to confirm local steps, sample forms, and filing instructions.
- If you need to act quickly to preserve assets (for example, preventing foreclosure or protecting a bank account), ask the court clerk about emergency temporary appointments or protective relief.