Detailed Answer
Yes. If you are an interested person in a Nevada probate case (for example, a beneficiary, heir, or creditor), you can ask the court to require the personal representative (executor or administrator) to provide an accounting of estate assets and transactions. Nevada law and court practice give interested persons the right to meaningful information about estate administration and to ask the court to enforce the representative’s duty to account.
Who must account?
The personal representative appointed by the court has a fiduciary duty to collect and protect estate assets, pay valid debts and expenses, and distribute what remains to beneficiaries. That duty includes preparing inventories and accountings of estate property, receipts, disbursements, sales, and fees. If the representative fails to provide clear records or if beneficiaries suspect mismanagement, the court can require formal accounting.
What an accounting normally shows
- Assets on hand at opening (inventory).
- Receipts collected by the estate (rents, bank accounts, proceeds from sale of property, life insurance, etc.).
- Payments and disbursements (bills, creditor payments, taxes, funeral expenses).
- Transactions such as sales, transfers, or loans involving estate property.
- Fees and compensation paid to the personal representative, attorneys, appraisers, and other professionals.
- Remaining balance and proposed distributions to beneficiaries.
How to ask the court for an accounting (typical steps)
- Ask informally first. Send a written request to the personal representative asking for an accounting, with a reasonable deadline. Keep a copy.
- If that fails, file a paper with the probate court. Usually this is a petition or motion asking the court to order an accounting or to compel the representative to file a formal account. Check local court forms and filing rules; Nevada courts provide self-help information and local rules online (see below).
- Serve the representative and other interested parties with your petition or motion under the court’s service rules.
- The court will schedule a hearing. You can present evidence supporting the request (lack of records, suspicious transactions, or requests previously ignored).
- If the court grants relief, it may order the representative to file a detailed account by a certain date. The court may also set deadlines for objections and for a final accounting hearing.
- If the accounting shows problems, beneficiaries can object, ask the court to surcharge (financially charge) the representative, remove the representative, seek repayment, or request other remedies.
Interim vs. final accounting
The court may require interim accountings (periodic reports while the estate remains open) or a final accounting when administration is ending. Interim accountings help detect problems early. Final accountings summarize the entire administration before the court approves distribution and discharges the representative.
Evidence and scope
The court can require production of bank statements, receipts, bills, contracts, deeds, and other records that support the accounting. In contentious cases, you can use discovery tools available in probate litigation ( subpoenas, depositions, requests for documents) subject to Nevada court rules.
Consequences for failing to account
If the representative willfully refuses to account or misappropriates assets, the court can impose sanctions. Remedies include ordering an accounting, surcharge (repayment of losses), removal of the representative, appointment of a replacement, and referral for civil or criminal proceedings in extreme cases.
Where to find Nevada law and court guidance
Statutes and court rules that govern probate procedure and the duties of personal representatives are published by the Nevada Legislature. You can search Nevada Revised Statutes and find the chapters on decedents’ estates at the Nevada Legislature website: https://www.leg.state.nv.us/NRS/. For practical court procedures, check the Nevada judiciary’s self-help and probate pages: https://nvcourts.gov/self_help/.
When to hire an attorney
If records are missing, transactions look improper, the representative ignores requests, or the estate is large or complex, consult an attorney who handles Nevada probate litigation. An attorney can prepare and file the necessary petition, handle hearings, request discovery, and argue for removal or surcharge if needed.
Disclaimer: This information is educational only and not legal advice. It does not create an attorney-client relationship. For advice about your specific situation, consult a licensed Nevada attorney.
Helpful Hints
- Start with a polite written request for an accounting. Courts look favorably on parties who attempt reasonable resolution first.
- Keep copies of all correspondence, account statements, and receipts you receive or request.
- Note deadlines. If you miss a required time window for objections or petitions, you may lose rights to challenge items on the accounting.
- Ask for interim accountings if the estate administration is lengthy.
- Be specific when you file a petition: identify the transactions or gaps that concern you and request precise relief (e.g., order to file a formal account by X date).
- Use the Nevada Legislature site to locate relevant statutes and the Nevada Courts site for local forms and procedures: NRS, Nevada Courts Self-Help.
- If you cannot afford a lawyer, some courts and legal aid organizations can provide guidance or limited-scope assistance for probate matters.