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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
Is more that 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
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
What happens if the will is not clear about who get’s the property?
In a probate case, you can petition the probate commissioner (judge) for instructions on how property is to be distributed.
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.
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).
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.
The will names an ex-spouse. What happens?
When a will refers to an ex-spouse by name, the will is considered revoked as to the ex-spouse only.
Is a will signed in another state valid in Nevada?
Yes, a will signed in another state is valid in Nevada, as long as it met the legal requirements for valid wills in the state where it was signed.
The will was written before marriage. What does the spouse get?
When a will was written before marriage, and therefore omits the spouse, the spouse is called a “pretermitted spouse.”
There is more than one will. Which one is valid?
Typically later wills revoke earlier wills, so long as the later will is valid.
I cannot find the will. What do I do?
This depends on whether you believe that the will was still valid, or if the will is missing because the deceased revoked it prior to death by tearing it up, destroying it, or throwing it away.
What happens if the will makes a gift to someone who has dies, or makes a gift of property that the deceased no longer owns?
A gift of a specific item, like jewelry or a collection, to someone who has died passes to that person’s estate (and then to their heirs), unless the will states that the gift lapses (skips that person).
Can the executor spend money to repair or improve a house before it is sold?
The executor has a wide range of options for dealing with property, and unless the will has more specific rules, the executor only has to act reasonably and with the best interest of the beneficiaries in mind.
My sibling has been living rent free in the deceased parent’s house. Does he or she have to pay rent?
Yes, and whoever is the executor or personal representative of the estate can be liable as well for failing to probate the estate (and thus change title to the house, collect rent, and/or sell the property).
My parent gave me a gift of money just before dying. Does this come out of my inheritance?
Whether this is a gift or advancement against your inheritance depends on what the will, if there is one, says. Under Nevada law, this would be a gift unless the will says otherwise.
Who has to be notified about a probate case in Nevada?
The heirs, devisees (people receiving gifts under the will), next of kin, known creditors, and the Department of Welfare must be notified about the probate.
Will probate stop a foreclosure sale?
Probate does not automatically stop a foreclosure in Nevada. However, there are circumstances where a foreclosure can be stopped while the probate is pending.
Clark County probate court approved list
If your matter appears on the Clark County Probate Court approved list, this means the judge is granting the request in the petition.
Going to probate court in clark county
If you receive a Notice of Hearing for a case in Clark County Nevada, it will state the date and time to appear in court if you have an objection.