Detailed Answer — How Nevada Probate Handles Unauthorized Charges to a Parent’s Estate
Short answer: When unauthorized charges appear against a decedent’s estate in Nevada, the probate court and the estate’s personal representative (executor/administrator) are the main routes to investigate, contest, and recover funds. The estate must pay valid debts before beneficiaries receive distributions, but unauthorized or fraudulent charges can be challenged through the probate claims process, a personal-representative accounting, civil actions (for breach of fiduciary duty or conversion), and sometimes criminal reporting. This article explains how that process usually works and what options beneficiaries and heirs have.
How the probate process addresses charges and debts
When a person dies and an estate goes into probate in Nevada, the court appoints a personal representative to gather assets, pay valid creditors and expenses, and distribute the remaining property to heirs or beneficiaries. The personal representative has a duty to marshal assets, keep accurate records, and pay only lawful debts and charges of the estate.
If a charge or withdrawal appears that you believe is unauthorized (for example, a credit-card charge made after death, a bank withdrawal by a caregiver without authority, or a bill submitted by someone who was not a legitimate creditor), the probate process provides several mechanisms to challenge or undo those transactions:
- Claims process: Probate requires notice to known creditors and provides a procedure for presenting and objecting to creditor claims. Creditors must show a valid obligation to the estate. If a charge is unauthorized, a beneficiary or the personal representative can object to and litigate the claim in probate.
- Personal-representative accounting and surcharge: Beneficiaries can request a formal accounting from the personal representative showing all receipts, disbursements and distributions. If the accounting shows improper or unauthorized charges the representative made or allowed, the court can “surcharge” (hold the representative financially responsible for) those improper expenditures and order repayment.
- Civil remedies against third parties: If a third party (caregiver, relative, vendor) took estate funds without authority, the estate or beneficiaries can sue that person for conversion, unjust enrichment or fraud in civil court and seek recovery.
- Removal of the personal representative: If the personal representative participated in or allowed unauthorized charges, interested persons may petition the probate court to remove the representative and appoint a successor.
- Criminal reporting: Unauthorized charges that amount to theft, embezzlement or fraud may also be reported to law enforcement for criminal investigation in addition to civil probate remedies.
Who pays valid charges, and who contests them?
The personal representative has the duty to evaluate and pay valid debts of the estate before distributing assets to heirs or beneficiaries. However, the representative also has a duty to reject and defend against claims that are false or unauthorized. If a beneficiary suspects an unauthorized charge was paid or allowed, the beneficiary can:
- Ask the personal representative for a copy of the estate accounting and supporting documents (invoices, bank statements, receipts).
- File a written objection in the probate case to any claim or disbursement the beneficiary believes is invalid.
- Ask the court to order a formal accounting and/or an audit of the estate.
Typical timeline and deadlines
Nevada’s probate statutes set procedures and timing for notice to creditors and presentation of claims. Courts will enforce statutory deadlines and local rules, so acting promptly matters. For details on Nevada’s probate rules and the statutory framework, see the Nevada Revised Statutes on administration of estates and creditor claims (NRS Chapter 155 and related provisions): NRS Chapter 155 — Administration of Estates. You can also find helpful guidance and forms from the Nevada court self-help pages: Nevada Courts — Probate Self-Help.
Practical examples (hypotheticals)
Example 1 — Unauthorized credit-card charges after death: A credit-card statement shows charges for goods purchased after the decedent’s date of death. The personal representative notifies the card company, disputes the charges, and refuses to pay them as estate liabilities. If the card company or vendor insists on a claim, the personal representative or a beneficiary objects in probate. If the vendor already withdrew funds, the estate may seek recovery from the vendor or the person who misused the card.
Example 2 — Caregiver withdrawals: A caregiver used the decedent’s bank card to withdraw cash and paid those funds to herself for alleged services that were never authorized. The estate can object, demand an accounting, pursue civil recovery for conversion, and report potential criminal theft.
Evidence needed and standard of proof
To challenge an unauthorized charge you will typically need documentation: account and bank statements, invoices, receipts, correspondence, copies of any powers of attorney or authority documents, and any records showing the date of death. In probate court, the challenger must show by a preponderance of the evidence that the charge was unauthorized, fraudulent, or not a lawful debt of the estate.
When to involve law enforcement or an attorney
If you see clear signs of theft, forgery, or fraudulent diversion of funds, you may file a police report. For contested probate matters, requests for accounting, or to pursue civil recovery against a representative or third party, consult an attorney experienced in Nevada probate and fiduciary litigation. Probate rules and local court procedures can affect deadlines and remedies.
Key Nevada resources
- NRS Chapter 155 — Administration of Estates (Nevada Revised Statutes)
- Nevada Revised Statutes (NRS) main page
- Nevada Courts — Probate Self-Help Center
Helpful Hints
- Preserve all records. Save bank and credit-card statements, invoices, receipts, and communications with the personal representative or vendors.
- Ask for a written accounting. Beneficiaries can request and receive a full accounting of estate transactions through the probate court.
- Act quickly. Probate and creditor deadlines can bar recovery if you wait too long—use the court’s resources or get counsel early.
- Don’t distribute estate assets until debts and disputes are resolved. Early distributions can complicate recovery if unauthorized charges later surface.
- Consider both civil and criminal paths. Unauthorized charges may justify civil recovery and also criminal charges for theft or fraud.
- Contact the bank and card companies. If charges appear after death, notify the financial institutions immediately to freeze accounts and dispute transactions.
- Use court forms and self-help resources. Nevada Courts provide probate forms and instructions that can guide beneficiaries and personal representatives.
- Consult a probate attorney. A lawyer can explain deadlines in Nevada law, file objections, request a surcharge, or litigate to recover misapplied funds.
Disclaimer: This article is for general information only and does not constitute legal advice. It explains how the probate process commonly addresses unauthorized charges to an estate under Nevada law, but it does not replace consultation with a licensed attorney. For advice specific to your situation, contact a Nevada probate attorney or the probate clerk at the court handling the estate.