Q: How long must a will be presented after someone's death?I would appreciate any information you can give me.Thank you
A dear old friend passed away in Sparks NV July 7th 2017. I live in Cupertino, 95014 CA. I was notified of her death by a letter from her insurance company dated August 29 and received by me about September 5., 2017. I found a 20 year old will of hers a week or so ago. I am 79 years old and have chronic back pain and mobility problems. I have no idea what or how or where to go to get this taken care of, or if it is even possible at this point.
A:
Dear Cupertino, CA:
You mentioned that your friend passed away in Sparks, Nevada. If your friend was living in Nevada, you should re-post your question in the Nevada forum. (Unless she also owned property in California, a bit on that later.)
The laws that govern how a descent's estate is handled are state specific. Although there are similarities between various states, there are enough differences that a right answer for California may be wrong for Nevada. The exception is for real property. A decedent's real property is always handled by the courts of the State where the property is located. (Yes, this means for probate you might actually have multiple probates in different states, which is why Trusts are so valuable as they avoid the probate issue.)
While California states that a decedent's will must be lodged with the court in the county of the Decedent's death, Nevada's laws may differ.
In any event, it sounds like do not want to serve as an executor (if you are nominated by the will), and it is acceptable to turn down the position. In this case, you may be best off turning the will over to a member of your friends family. But, I would always keep a copy just in case there are questions later.
Again, I would re-post your question in the forum for the State of Nevada so you may get better and accurate guidance.
Good luck.
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