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 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.
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