There are many possible places to file a probate case, such as the state where the deceased died, resided at death, owned property, or signed a last will and testament. To file a probate case in Nevada, the court must have “jurisdiction,” or, in other words, the power to handle the case. That power is only granted to Nevada courts if the person who died was a resident of Nevada at the time he or she died, or if the person who died owned property located in Nevada. If at least one of those is not present, you cannot file in Nevada.
In which Nevada county should I file a probate case?
The county probate courts have power to handle cases when the deceased was a resident of that county at the time of death, or if the deceased was not a resident of Nevada but owned property in that county. If a person died with property in multiple Nevada counties, the county where they lived in Nevada is where the probate case should be opened.
Is more than one probate case required if there is property in multiple states?
If the deceased owned property that is subject to probate, and that property is located in multiple states, a primary probate case should be opened in the state where the deceased resided at the time of death (if he or she also has property in that state), and “ancillary” or secondary probate should be opened in the state or states where the deceased owned property.
Someone took property from the deceased’s house without permission or order of the court. What do I do?
If anyone takes property from the decedent’s estate prior to the personal representative being appointed, the personal representative can require return of the property and can impose a penalty of three times the value of the property against that person’s share, if they are a beneficiary. If the person is not a beneficiary, the police should be called to report a theft.
What happens if the will is not clear about who gets the property?
In a probate case, you can petition the probate commissioner (judge) for instructions on how property is to be distributed.
Questions commonly arise when a will leaves out a child but does not specifically state that they are disinherited, refers to “children” but not stepchildren, or refers to “my spouse,” but the will was written at a time when the decedent had a different spouse. Some of these situations are resolved by existing law in Nevada, but sometimes a petition for instructions is required.
I was not named in my parent’s will, but I think this was a mistake. What do I do?
Nevada law presumes that a child who was alive at the time the will was drafted, but who is omitted, was left out intentionally and therefore is disinherited. However, Nevada law also allows the court to determine whether the omission was intentional or not; if not, that child will be included in the distributions from the estate.
What happens if an heir is in jail?
A beneficiary of an estate does not lose his or her rights to the inheritance just because they are incarcerated (that is not true if they are incarcerated because they killed the deceased).
An heir in jail can present problems at the time of distribution of the funds from the estate, but usually this is resolved by holding the funds in trust until the person gets out of jail.
This beneficiary's share may be available to a victim's fund, the state prison system, or for other restitution or fines imposed by the court that convicted the beneficiary, but that is not a matter for the probate court.
My parent told me he wanted me to have his estate, but he did not put it in a will or died before the will was complete. What happens?
This is an oral will, which is invalid in Nevada. Statements to this effect are called “noncupative statements” and they are not effective. If your parent died with a will, the will controls. If your parent died without a will, the intestacy laws dictate who will inherit.
If the will was written but not signed, it does not meet the requirements for a valid will in Nevada. The intestacy laws apply.