Q: My uncle recently passed I am the only living next of kin, how do I find out if he had a will.
He had a wife who passed yes before him, she had children but not his. He has a home but I don’t know how to get access which is probably where the will is.
A:
A person having an original Will (not just a photocopy) is required by law to file it within 10 days after the Will writer dies. This is not strictly enforced. Some people are slow to file a Will or begin probate. However, you can search for filed Wills by name on the Clark County Court website. You can also check by name to see if anyone has begun a probate in Clark County for a decedent.
As next of kin w/ no knowledge of a Will you could file to be appointed Administrator. Worst case scenario is that after you file someone with an original valid Will files and you might be out your attorneys' fees and filing fee or you might have a claim to be reimbursed based on the failure of the holder of the original Will to timely file it with the Clerk of Court.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
