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Disclaimer: This article is for educational purposes only and is not legal advice. Consult a qualified attorney for guidance on your specific situation.

Detailed Answer: Enforcing Life Insurance Proceeds in Nevada Probate

When a decedent leaves life insurance proceeds without naming a beneficiary, Nevada law requires the insurer to pay the policy’s death benefit into the decedent’s estate. Under NRS 690B.060, the insurer holds the proceeds pending a court order directing distribution through probate.

To enforce distribution, follow these steps:

1. Locate the Policy and Gather Documents. Secure the original life insurance policy, the certified death certificate, and any correspondence with the insurer.
2. File a Petition for Probate. Prepare and submit a petition to open estate administration under NRS 132.020. This petition names the personal representative (administrator) who will manage the estate.
3. Provide Notice to Interested Parties. Serve notice on heirs and potential creditors as required by NRS 132.200 and publish notice if necessary per NRS 132.250.
4. Inventory Estate Assets. Include the life insurance benefit as an asset in the estate inventory, per NRS 139.010. File the inventory with the court.
5. Obtain Court Approval to Collect Proceeds. Submit the insurer’s claim form and request a court order directing the insurer to pay proceeds to the estate.
6. Distribute Remaining Assets. After debts and expenses are paid, distribute assets, including insurance proceeds, according to Nevada’s intestacy rules found in NRS 134.020. Typical order of distribution:
• Spouse and children (if any)
• Spouse alone (if no surviving children)
• Children equally (if no surviving spouse)
• Parents, siblings, or more remote relatives if no spouse or descendants exist
7. Close the Estate. File a final accounting and petition for discharge of the personal representative under NRS 146.005 (close-out procedure).

Helpful Hints

• Contact the insurer early to confirm whether they have any record of a beneficiary designation.
• Keep original documents secure; insurers often require originals for claims.
• Consider hiring a probate attorney if the estate is complex or if heirs contest distribution.
• Maintain clear records of all probate filings and communications with creditors.
• Use certified mail for notices to ensure proof of service on interested parties.