Nevada Petition for Probate

Introduction

Key Things to Know

1. 1

   Filing: a petition for probate of will and issuance of letters (NRS 136.090, 136.100), or for intestacy a petition for letters of administration (NRS ch. 139), filed in the district court of any Nevada county where the decedent resided or where any part of the estate is located (NRS 136.010). Nevada has no separate probate court. The statewide self-help page lists a generic probate petition, and Clark and Washoe counties post their own forms, so the court's form controls.

2. 2

   No one has authority over estate assets until the court appoints a personal representative and letters issue. Being named as executor in a will does not by itself allow anyone to collect assets, pay debts or transfer property. Do not distribute, pay heirs or sell estate property before appointment or before the creditor claims period runs.

3. 3

   An interested person may petition at any time after the death (NRS 136.070). Whoever holds a will must deliver it to the district court clerk, or to the personal representative named in it, within 30 days after learning of the death, and a named personal representative who has the will must present it to the clerk within 30 days after the death or after learning of being named. Neglect without reasonable cause can mean liability for damages, and a delivered will becomes part of the clerk's permanent record whether or not a petition is filed, and is open to inspection unless sealed (NRS 136.050).

4. 4

   Who serves: with a will, the executor it names, unless disqualified as a minor, a felon (unless the court finds otherwise), a person adjudged unfit, or a bank not authorized in Nevada (NRS 138.010, 138.020). Without a will, priority runs from the surviving spouse to children, grandchildren, other issue, a parent, a sibling and others (NRS 139.040). A nonresident administrator needs a Nevada-resident or Nevada-authorized bank coadministrator, with limited exceptions (NRS 139.010). The court decides and appointment is not guaranteed.

5. 5

   Notice: the petitioner gives notice of the hearing to the heirs, the devisees named in the will, any non-petitioning named personal representatives and the Director of the Department of Human Services, for a petition to probate a will, by mail or personal delivery at least 10 days before the hearing, with publication where an address or identity is unknown (NRS 136.100, 155.010, 155.020). A person entitled to notice may waive it in writing.

6. 6

   Creditors: after appointment, the personal representative publishes a notice to creditors and mails it to creditors with readily ascertainable names and addresses (NRS 147.010, 155.020). A claim is due within 90 days after the mailing or first publication; a creditor who is mailed notice has the later of 30 days after mailing or 90 days after first publication; summary administration shortens the 90 days to 60 (NRS 147.040).

7. 7

   Bond is discretionary with the court, even where the will requires one. If set, the amount is the estimated value of personal property plus one year's income from real and personal property unless the will or court changes it, and a Nevada bank or trust company needs none unless the court requires it (NRS 142.020). Not every estate needs full administration: a court can set aside a small estate without administration, and an affidavit route is covered on DocDraft's small-estate-affidavit page. Summary administration is still probate, opened by a petition for letters (NRS 145.020).

Nevada Requirements for Petition for Probate

• District Court Where Decedent Lived or Owned Property

  Probate is filed in the district court of any Nevada county where the decedent resided or where any part of the estate is located. Nevada has no separate probate court (NRS 136.010).

• One Petition for Will and Letters

  With a will, one petition for probate of the will and issuance of letters is signed by the petitioner or attorney and filed with the clerk, who sets it for hearing. Without a will, the filing is a petition for letters of administration (NRS 136.090, 136.100; NRS ch. 139).

• Petition Contents

  The petition states the jurisdictional facts, whether the person named as personal representative consents to act or renounces, whether that person has been convicted of a felony, and how the chosen court is a convenient forum (NRS 136.090).

• 30-Day Duty to Deliver the Will

  Any person holding a will must deliver it to the district court clerk or the named personal representative within 30 days after learning of the death. Neglect without reasonable cause makes the person liable for damages (NRS 136.050).

• Who May Serve and Nonresident Rule

  With a will, the named executor has priority unless disqualified, but serves only if the court appoints them and letters issue; appointment is not guaranteed. Without a will, a statutory order runs from the surviving spouse onward. A nonresident administrator generally needs a Nevada-resident or Nevada-authorized bank coadministrator (NRS 138.020, 139.010, 139.040).

• Hearing Notice to Heirs and Devisees

  Notice of the hearing goes to heirs, named devisees, non-petitioning named personal representatives and the Director of the Department of Human Services, for a petition to probate a will, by mail at least 10 days before the hearing, with publication where needed (NRS 136.100, 155.010, 155.020).

• Creditor Notice and Claims Period

  After appointment, the representative publishes and mails notice to creditors. Claims are due within 90 days after mailing or first publication, with a later-of rule for mailed notice and 60 days under summary administration (NRS 147.010, 147.040).

• Discretionary Bond

  Bond is discretionary with the court even if the will requires one. If set, the amount is personal property value plus one year's income unless changed, and a Nevada bank or trust company needs none unless required (NRS 142.020).

• Independent and Summary Administration

  The Independent Administration of Estates Act allows reduced court supervision unless the will prohibits it. Summary administration is available at the court's discretion up to $500,000 net of encumbrances (NRS 143.300 to 143.815, 143.330, 145.040).