Detailed Answer: How to become the administrator (personal representative) of a sibling’s Nevada estate when there is no will

Short answer: In Nevada, if your sibling died without a will (intestate), the court appoints a personal representative (often called an administrator) according to statutory priority among potential heirs. A sibling may qualify to serve if closer-priority persons (spouse, children, parents) are absent or decline, the court finds the sibling suitable, and the sibling files a petition for appointment in the proper Nevada probate court and completes required steps (notice, bond if required, oath, and issuance of letters of administration).

How Nevada handles appointment of a personal representative

Nevada’s probate rules determine who has priority to be appointed and what steps the proposed administrator must take. The general process is:

1. File a petition for administration (petition for letters of administration) in the county probate court where the decedent lived at death.
2. Provide the court with the decedent’s death certificate, an affidavit or list of heirs, and other required forms.
3. Give notice to interested persons (heirs, known creditors) as required by court rules.
4. The court reviews priority among potential representatives and any objections, sets any required bond, and issues letters of administration to the person it appoints.

For official statewide text and forms, see the Nevada Revised Statutes and Nevada Courts probate self-help pages: Nevada Revised Statutes (NRS) and Nevada Courts — Probate Self-Help.

Who has priority to be appointed?

Nevada law ranks who the court will prefer to appoint as a personal representative. While exact statutory language and order are in the NRS, typical priority is:

• The surviving spouse (if any) or registered domestic partner.
• A person nominated by the majority of the heirs (heirs-at-law can agree on a representative).
• A child of the decedent or another heir in the order defined by statute.
• A parent or sibling when higher-priority heirs do not exist, cannot serve, or decline.
• If no suitable private person is available, the court may appoint a public administrator or other suitable person.

If you are a sibling, you typically can be appointed if:

• The decedent had no surviving spouse, no surviving children, and no living parents (or those persons decline or are disqualified).
• No other heir with higher priority objects or is willing to serve.
• The court finds you competent and appropriate to administer the estate (able to perform the duties and not legally disqualified).

Eligibility requirements and disqualifications

While Nevada does not allow just anyone to serve, the common practical requirements include:

• Age and capacity: typically an adult of sound mind able to handle estate duties.
• Not disqualified by law: some convictions or incapacity can prevent appointment, and the court will assess whether the person is fit to serve.
• Willingness to serve: you must accept the appointment, take an oath, and perform fiduciary duties.

Step-by-step: What you must do to be appointed (practical checklist)

1. Confirm the probate venue: file in the county where your sibling was domiciled when they died.
2. Gather documents: certified death certificate, any evidence of family relationships (birth certificates, marriage certificates), and a list of known assets and creditors.
3. Prepare and file a petition for letters of administration with the clerk of the probate court. The petition asks the court to appoint you as personal representative because the decedent died intestate.
4. Provide notice: serve required notices to heirs and known creditors. The court will tell you the notice form and timing.
5. Attend any hearing: the court will consider objections (if any) and examine whether you qualify. If no one objects and the court approves, it will issue letters of administration.
6. Post bond if required: the court may require a bond (insurance that the administrator will properly administer the estate). Heirs can sometimes waive the bond in writing.
7. Take the oath and obtain letters of administration: these letters give you authority to access and manage the decedent’s assets.

Duties of the administrator once appointed

After you receive letters of administration you have legal responsibilities, commonly including:

• Gather and secure estate assets (bank accounts, real property, personal property).
• Identify and notify creditors; pay valid debts and taxes in proper priority.
• File inventory, accountings, and reports as required by the court and state law.
• Distribute the remaining assets to heirs according to Nevada’s intestacy rules.

Timeline and costs

Probate timelines vary. Simple estates with little property can move in a few months. Estates with real estate, disputes, or many creditors may take a year or longer. Expect court filing fees, possible bond costs, publication/notice costs, and attorney fees if you hire a lawyer. The court may allow personal representative fees for your time, subject to statutory rules or court approval.

Alternatives to full administration

Depending on the estate’s size and the assets involved, Nevada offers simplified procedures (for small estates or transfer by affidavit) that avoid full probate. The Nevada Courts self-help pages list small-estate procedures and forms. If the estate qualifies, these alternatives can be faster and cheaper than formal administration.

See Nevada Courts probate self-help for forms and small estate information: https://nvcourts.gov/self_help/probate/.

Hypothetical example

Alex and Jamie are siblings. Jamie lived in Clark County, Nevada and died without a will. Jamie had no spouse, no children, and their parents predeceased them. Alex contacts the Clark County probate court, files a petition for letters of administration, lists the heirs (Alex and any other siblings), posts notice to known creditors, and asks the court to appoint Alex. No higher-priority heirs object. The court requires a modest bond, which the siblings waive in writing. The court issues letters of administration to Alex, who then gathers assets, pays debts, and distributes the estate according to Nevada intestacy rules under court supervision.

Where to find the governing Nevada statutes and forms

• Nevada Revised Statutes (NRS) — main site for probate and intestacy statutes: https://www.leg.state.nv.us/NRS/
• Nevada Courts — probate self-help, forms, and local court contact information: https://nvcourts.gov/self_help/probate/

Disclaimer: This article provides general information about Nevada probate practice and is not legal advice. It does not replace consulting with a licensed Nevada attorney about your specific situation.

Helpful Hints

• Start by contacting the probate clerk in the county where your sibling lived. Clerks can tell you local filing procedures and list required forms.
• Collect proof of relationship early (birth certificates, family records) to establish heirship to the court.
• If multiple siblings exist, try to get them to agree in writing on who will serve — a signed agreement can simplify appointment and may eliminate bond requirements.
• Prepare an inventory of known assets before filing; creditors must be notified promptly after appointment.
• Consider whether the estate qualifies for a simplified or small-estate procedure to avoid full probate—ask the court clerk or check Nevada Courts forms.
• Keep careful records and receipts — you will need to account to the court and heirs for every transaction.
• If estate matters or family relationships are complicated, or if you expect disputes, consult a Nevada probate attorney early to avoid costly mistakes.