Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a licensed Nevada attorney for guidance on your specific situation.
Detailed Answer
When a loved one dies in Nevada leaving a will, the personal representative must present that will to the district court in the county where the decedent was domiciled at death (NRS 133.050). You have two options: submitting the original document or, if it is lost, a certified copy filed with the court.
1. Locating the Original Will
The original will often resides in one of these locations:
- An attorney’s office (attorneys must keep wills safe under Nevada Rules of Professional Conduct).
- A safe deposit box at a bank (a court order may be required to access upon death).
- The decedent’s personal files or home safe.
2. Obtaining a Filed Copy
If the original cannot be found, Nevada law allows a filed copy to be admitted if you prove the original was validly executed and subsequently lost or destroyed (NRS 133.165).
- Contact the district court clerk in the county where the decedent lived (NRS 133.050).
- Provide the decedent’s name, date of death, and case or file number if known.
- Pay any applicable fees to obtain a certified copy of the will.
3. Submitting the Will for Probate
- File a petition for probate of will and appointment of personal representative, including the will and death certificate. See required contents in NRS 133.130.
- Serve notice on heirs, beneficiaries, and creditors as required by NRS 133.020 and NRS 133.200.
- Attend the probate hearing. If admitted, the court will issue letters testamentary.
Helpful Hints
- Review NRS Chapter 133 online: www.leg.state.nv.us/NRS/NRS-133.html.
- Search Nevada Courts CaseSearch to find filed probate documents.
- Request multiple certified copies of the will and letters testamentary for banks and agencies.
- Keep detailed records of all filings, notices, and service receipts.
- Consider consulting a probate attorney if the will is contested or assets are complex.