Detailed Answer — Step‑by‑step guide under Nevada law

When your spouse dies intestate (without a will) in Nevada, state law gives priority to the surviving spouse to be appointed personal representative (often called administrator or executrix/executor) of the estate. Follow these steps to seek appointment even if your spouse’s family is not cooperative. This is a general overview and does not replace legal advice.

1. Understand the legal framework

Nevada law governs intestate succession and probate procedures. For background, see the Nevada Revised Statutes (NRS) pages on probate and intestate succession: the NRS site (https://www.leg.state.nv.us/NRS/) and the Nevada Courts’ probate/self‑help pages (https://nvcourts.gov/Self_Help/Family/Estates__Probate/). These sources describe who has priority to serve, how to open an estate, and required notices and filings.

2. Gather key documents and information

• Death certificate for your spouse.
• Your marriage certificate (to prove you are the surviving spouse).
• Information about assets and debts: bank accounts, real property, vehicles, safe deposit boxes, insurance policies, retirement accounts, and creditor statements.
• List of likely heirs (names and addresses) — children, parents, siblings, etc.

3. File a Petition for Letters of Administration at the county probate court

File a petition in the district court probate department in the county where the decedent lived. The petition asks the court to appoint you as the personal representative (administrator). Typical items the court requires include the petition form, death certificate, proof of your priority (marriage certificate), and an estimate of estate value.

Most Nevada courts post probate forms and instructions on the Nevada Courts website: https://nvcourts.gov/Self_Help/Family/Estates__Probate/.

4. Service and notice to heirs and interested parties

Nevada procedure requires you to notify heirs and other interested parties of the petition. You must serve (or arrange court service of) the petition and hearing notice to those entitled to notice. If a family member refuses to cooperate, the court can still proceed if you properly serve them or publish notice if you cannot locate all heirs. Proper notice prevents default objections later.

5. Bond and temporary appointments

The court may require you to post a bond (insurance) unless the law or the court waives it. If urgent action is necessary (to protect assets), you can ask the court for temporary or limited letters allowing you to secure property while the appointment is pending.

6. What happens at the hearing

If someone objects (for example, a family member asserts a competing claim), the court will hear the objection. Nevada law generally gives the surviving spouse priority to serve as personal representative, but a court may appoint someone else for good cause. Be prepared to present documents proving your relationship and ability to administer the estate.

7. After appointment: duties and timelines

• Receive Letters of Administration from the court — this document authorizes you to act on behalf of the estate.
• Inventory and appraisal: prepare an inventory of estate assets if the court requires it.
• Notify creditors and publish notice if required by Nevada law so creditors can make claims against the estate.
• Manage and protect assets: pay debts, collect assets, and preserve property value.
• Distribute assets according to Nevada’s intestacy rules once debts and expenses are paid. See the NRS for intestate distribution rules (reference: Nevada Revised Statutes).

8. If the decedent’s family fights or refuses to cooperate

Non‑cooperation by family members is common but usually does not stop the probate process if you follow the court’s procedures:

• File your petition and serve required notices. Proper service is critical.
• If family members file competing petitions, the court will decide who has priority under Nevada law and who is best suited to administer the estate.
• If they refuse to surrender estate property (keys, bank cards, records), the court can order turnover once you have authority (letters). You can seek temporary relief from the court (e.g., order to protect property).
• If someone makes false claims or refuses to cooperate in ways that harm the estate, the court can impose sanctions or remove a personal representative later if misconduct is shown.

9. When to get a lawyer

If the estate is complex, has significant assets, multiple creditors, contested claims, or a family dispute, retain a probate attorney. An attorney can help prepare the petition, navigate hearings, secure temporary authority, and represent you if someone contests appointment.

10. Where to find forms and more information

Nevada Courts provides probate forms and self‑help materials at: https://nvcourts.gov/Self_Help/Family/Estates__Probate/. For the statutory law, start at Nevada Revised Statutes: https://www.leg.state.nv.us/NRS/. Search that site for chapters on “intestate succession” and “probate” for the detailed rules that control appointment, bonds, notices, and distribution.

Quick checklist to file:

1. Obtain certified death certificate(s).
2. Collect proof you are the surviving spouse (marriage certificate) and ID.
3. List assets, liabilities, and heirs.
4. Complete and file a Petition for Letters of Administration in the proper county probate court.
5. Serve required notices and attend the hearing.
6. If appointed, obtain Letters and follow duties: inventory, creditor notice, pay debts, then distribute.

Note: The exact forms, deadlines, court procedures, and bond requirements can vary by county. Always check the local district court probate department for forms and instructions.

Disclaimer: This article explains general Nevada probate principles and options and is for educational purposes only. It is not legal advice. For guidance tailored to your situation, consult a licensed Nevada probate attorney or contact the local probate court.

Helpful Hints

• Act quickly to secure assets: get certified copies of the death certificate and locate keys, safe deposit boxes, and financial records.
• Keep a detailed timeline and records of all communications with family, banks, and potential creditors.
• If you expect resistance, ask the court for temporary letters or emergency orders to protect the estate while the appointment is pending.
• Use certified mail or a process server for serving notices so you have proof of service.
• If the estate is small and qualifies, look into simplified or summary probate procedures in your county to save time and cost.
• Before spending estate funds, get court authority to avoid personal liability.
• Contact the district court clerk in the county where your spouse lived for local forms, filing fees, and hearing schedules.
• Consider a free or low‑cost consultation with a probate attorney to confirm your next steps and avoid procedural mistakes that can delay appointment.