Disclaimer: This article is for informational purposes and does not constitute legal advice.
Detailed Answer
When a Nevada resident passes away without an open probate case, you must initiate a formal estate proceeding in district court under NRS Chapter 147. Follow these steps:
- Determine if a will exists. If the decedent left a will, file the original or a certified copy with the court. If there is no will, the estate is intestate and assets pass under NRS Chapter 134.
- Prepare and file a Petition for Administration. Under NRS 147.020, your petition must identify the decedent, list heirs or beneficiaries, state the approximate value of assets, and request appointment of a personal representative.
- Attach a certified death certificate. Nevada courts require a certified copy of the death certificate to verify the decedent’s passing.
- Post and mail notices. After filing, publish Notice to Creditors in a local newspaper as required by NRS 147.160. Mail individual notices to known creditors under NRS 147.120.
- Attend the court hearing. The court sets a date to examine the petition and may require proof of service. If the judge approves, they issue Letters of Administration or Letters Testamentary under NRS 147.080.
- File bond and oath. The personal representative usually posts bond (if required) and takes an oath to faithfully administer the estate per NRS 147.070.
- Inventory assets and manage the estate. Within three months of appointment, file an inventory and appraisal of estate assets per NRS 147.200. Pay valid debts, file tax returns, and seek court approval for distributions.
If the estate’s personal property totals under the amount specified in NRS 146.015, you may qualify for a small estate affidavit instead of full probate.
Helpful Hints
- Verify county venue: file in the district court where the decedent resided at death.
- Gather all financial records, deeds, and title documents before filing.
- Identify and contact all heirs and beneficiaries promptly.
- Consider hiring a probate clerk or attorney for complex estates.
- Track deadlines: missing creditor notice or inventory deadlines can delay administration.
- Keep detailed records of estate expenses and distributions.
- Explore informal probate options for simple intestate estates if eligible.
Note: Procedures and fees vary by county. Consult court rules or a licensed attorney for guidance.