Q: if a person dies intestate how does the State of Nevada commence probate proceedings? what happens to the property?

A: In most cases when a Nevada resident dies, with or without a Will, there is no state action taken until and unless someone file a probate action in the District Court. In a minority of cases when a person dies, the county coroner may search the person's residence and take for safe-keeping guns, money and other valuables. In some of these case where the coroner is involved, if the coroner is unsuccessful in contacting a family member, the public administrator may start a probate proceeding. However, in most cases, there is no state action until a private party initiates a probate proceeding.

It is common when someone dies that family members or other people with a key to the decedent's residence will enter and often take things. In most cases, particularly if there is no forced entry, the police will view this as a civil matter and tell the person complaining to file a court action.

In most estates I deal with there is little value in the personal possessions in the home, or if there is, family members may simply divide up the possessions and not advise the probate attorney who often bases the fee on the total value of the estate.

In a minority of cases various family members hire lawyers to fight over the possessions in the residence, but in many of these cases the total legal fees for the fight exceed the value of what is being fought over. This is one reason I and my firm prefer to do only uncontested probates.

In most probates, the used furniture, clothing, pictures etc. in a decedent's residence have little market value (although they may have sentimental value), although occasionally there will be a probate with a valuable collection of art or jewelry or coins.