Las Vegas, NV asked in Probate for Nevada

Q: Thank you. I’ll zoom thru to points. Father passes away 1/2012. Sister comes out as executrix, 2nd Sister & her

Son are co trustees of a “trust”. Up until 1/2019, we assumed it to be truth. I checked, and executrix never filed the will. I am in the state of Nevada. So I filed for probate and have an open case. Should executrix be in gross violations?

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1 Lawyer Answer
Jonathan Craig Reed
Jonathan Craig Reed
  • Probate Lawyer
  • Las Vegas, NV
  • Licensed in Nevada

A: Nevada law requires that a person in possession of the original copy of a Will should file it with the court in the Decedent's county of residence within 30 days of the death. However, if all assets of the Decedent will pass outside the Will (because they are in a trust or because they are in payable on death accounts etc.) then there is no real point in filing the Will and some lawyers advise doing so and some advise not filing the Will? For failure to file the Will be become a serious matter there would have to be property passing under the Will and then only if it were passing in a different manner than prescribed by the Will.

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