Detailed Answer

Short answer: Under Nevada law the main probate administration generally belongs in the decedent’s domicile (the state where they were legally domiciled), not necessarily the state where they happened to die. If the deceased person was domiciled in Nevada at death, you would normally open probate here. If they were domiciled in another state, the primary probate should be opened in that state, and Nevada probate is only needed if the person owned property located in Nevada.

What “domicile” means under Nevada practice

Domicile is more than where someone was physically present when they died. Courts look to a person’s permanent home—the place they intended to return to and make their legal home. Factors include:

• Where they regularly lived and worked
• Where they were registered to vote
• Where their driver’s license and vehicle registration were issued
• Where they filed state income taxes
• Where they kept important personal records and family ties

If the person’s primary and permanent home was in Nevada, Nevada is the state of domicile and Nevada probate is generally appropriate. If their domicile was in another state, you will normally open probate in that other state first.

When Nevada probate is required even if the deceased’s domicile is elsewhere

If the decedent owned property located in Nevada (for example: Nevada real estate, vehicles titled in Nevada, bank or brokerage accounts located at Nevada branch offices, or other tangible property in Nevada), you may need an ancillary probate in Nevada. Ancillary probate is a limited administration to clear title or allow distribution of property located in the state.

Typical situations requiring ancillary probate in Nevada:

• Real property (real estate) located in Nevada in the decedent’s name.
• Nevada bank accounts or Nevada-titled vehicles without payable-on-death or transfer-on-death designations.
• Personal property physically located in Nevada that cannot be removed unless the court grants authority.

Practical steps to decide where to open probate

1. Confirm the decedent’s domicile by collecting documents: lease or mortgage, tax returns, voter registration, driver’s license, Medicare/health records, employment records, and statements of intent (letters, leases, etc.).
2. Identify probate assets and their locations: real estate addresses, bank account locations, vehicle titles, and safe-deposit boxes.
3. If the decedent’s domicile is Nevada, contact the appropriate Nevada county probate clerk to start probate. If the domicile is another state, start probate there and consider ancillary probate in Nevada only for Nevada assets.
4. If you discover Nevada assets and primary probate is elsewhere, consult a Nevada probate attorney about ancillary administration or how to transfer Nevada assets after out-of-state probate.

How Nevada procedures differ for small estates and transfers

Nevada provides simplified procedures in limited circumstances (small estate affidavits or summary transfers) that may allow heirs to collect some types of property without full formal administration. Whether those procedures apply depends on value thresholds and type of property; an attorney or the probate clerk can confirm applicability.

Where to look in Nevada law and court resources

For general Nevada statutory material and court resources, consult the Nevada Revised Statutes and Nevada courts’ probate self-help pages:

• Nevada Revised Statutes (NRS): https://www.leg.state.nv.us/NRS/
• Nevada Courts — Self Help and Probate information: https://nvcourts.gov/

These sources explain probate procedures, the role of personal representatives, and available simplified procedures. For statute citations specific to administration, venue, and ancillary administrations, search the NRS pages for terms like “probate,” “personal representative,” and “ancillary administration.”

When to consult an attorney

Contact a Nevada probate attorney if any of the following apply:

• There is Nevada real estate or other titled property in Nevada.
• The decedent’s domicile is disputed or unclear.
• There is an out-of-state will, multiple potential heirs, or potential creditors.
• You need to use Nevada’s small-estate procedures or seek ancillary letters to clear title in Nevada.

Common timelines and costs (general guidance)

Probate timelines depend on the complexity of the estate and whether the probate is formal or ancillary. Simple estates and small-estate procedures can often be resolved in a few months; full administrations often take many months to a year or more. Costs depend on attorney fees, court filing fees, and whether notices to creditors are required.

Key takeaways

• Primary probate normally goes in the decedent’s state of domicile, not necessarily the place of death.
• If the decedent was domiciled in Nevada, open probate in Nevada.
• If the decedent was domiciled elsewhere, open probate in that state; but if the decedent owned Nevada property you will likely need ancillary probate in Nevada to handle those assets.
• Gather proof of domicile and an inventory of asset locations before filing. Consult a Nevada probate attorney for help with ancillary administration or if domicile is unclear.

Disclaimer: This article provides general information about Nevada probate procedures and is not legal advice. It does not create an attorney-client relationship. For advice about your particular situation, consult a licensed Nevada probate attorney.

Helpful Hints

• Collect the death certificate early — courts and banks will request certified copies.
• Look for a will and check where it was last kept; a will filed in another state might affect where proceedings begin for that estate.
• Check property records for real estate; county assessor or recorder websites can show ownership and help locate Nevada property.
• Keep records of the decedent’s ties to any state (bills, mail, statements) to support domicile determination.
• Ask the probate clerk in the relevant Nevada county about small-estate options before filing full probate.
• If multiple states are involved, speak to a lawyer who handles interstate and ancillary probate to avoid duplicative filings and unnecessary expenses.