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Nevada Probate Questions & Answers
1 Answer | Asked in Estate Planning and Probate for Nevada on
Q: With an affidavit of entitlement in Nevada completed and notarized, how do you cash a check made out to the estate?

My mother passed away with the majority of her assets distributed to heirs through beneficiaries, joint tenancy, etc. Leftover, there are a handful of checks made out to the estate of ____.

How do you actually go about cashing those checks with the affidavit?

Kirk Kaplan
Kirk Kaplan
answered on Feb 11, 2024

Likely the Affidavit will not be effective with banks, but you could try to ask if they would cash the checks. Try the bank you are currently work with. Or, send the affidavit to each of the issuers of the checks and them to re issue the check in your name. Depending upon the number of checks,... View More

1 Answer | Asked in Probate for Nevada on
Q: An attorney for my mothers estates wants me to sign off on a finalized letter before I have recv'd my items left to me

in the will. I refused until he can give me confirmation that my sister will give me the items. Now the atty is threatening a hearing.

T. Augustus Claus
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answered on Jan 29, 2024

Don't sign anything before receiving your inheritance and understanding your rights. Seek legal advice from a separate probate attorney in Nevada. They can explain your rights, clarify the document and pressure tactics, and advise on next steps like requesting clarification, expressing... View More

2 Answers | Asked in Probate for Nevada on
Q: Need proba need a probate attorney for administrator of will in Fallon Nevada Churchill county
Jonathan Craig Reed
Jonathan Craig Reed
answered on Jan 22, 2024

You should state the value of the estate. For real estate the value is what it would sell for--the Court accepts Zillow.com--minus the mortgage. The reason the value is important is because there are different probate procedures for different values estates. (If no real estate and value under... View More

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1 Answer | Asked in Estate Planning and Probate for Nevada on
Q: My uncle died and his possessions go to the last surviving sibling which is my mom and we spent money on his card
James L. Arrasmith
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answered on Jan 12, 2024

When a person passes away, their assets and liabilities become part of their estate. If your uncle's possessions are to go to his last surviving sibling, which is your mother, this should be outlined in his will or, if there is no will, according to state intestacy laws. However, spending... View More

2 Answers | Asked in Estate Planning, Tax Law and Probate for Nevada on
Q: My father died. his bank account which on all of them only assets. I’m only child. Mother dead. what to do?

He has 96k in a VA FIUCIARY account which in the fiduciary. He has 99k in an account which I am on, and 37k in a savings which I’m on. No spouse or other kids. I live in Henderson Nevada

James L. Arrasmith
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answered on Jan 12, 2024

I'm sorry to hear about your father's passing. Dealing with financial matters after a loss can be challenging, but there are clear steps to follow in this situation. Since you are the only child and your mother has also passed away, you are likely the primary heir to your father's... View More

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2 Answers | Asked in Estate Planning, Tax Law and Probate for Nevada on
Q: My father died. his bank account which on all of them only assets. I’m only child. Mother dead. what to do?

He has 96k in a VA FIUCIARY account which in the fiduciary. He has 99k in an account which I am on, and 37k in a savings which I’m on. No spouse or other kids. I live in Henderson Nevada

Jonathan Craig Reed
Jonathan Craig Reed
answered on Jan 12, 2024

You don't say what state your father was a resident of. The state he was a resident of when he died determines which state law controls the distribution of his assets that are NOT real estate. The details of probate law vary from state to state. If I understand your questions correctly, there... View More

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1 Answer | Asked in Probate for Nevada on
Q: How do I file a request for special notice in a probate case in Nevada without a lawyer?

My brother is the Administrator in my parents estate in Nevada. He isn't including me in anything. I would like to file a special notice request but do not have a lawyer. How do I go about it?

T. Augustus Claus
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answered on Dec 12, 2023

Filing a request for special notice in a Nevada probate case without a lawyer is feasible but requires careful navigation. Begin by gathering case information, such as the case number and jurisdiction, from your brother or the court clerk's office. Obtain the "Request for Special Notice... View More

2 Answers | Asked in Probate for Nevada on
Q: How to start probate with a will and executor outlined in Nevada, Clark county?

decendent had a will outlining executor. Will is filed with clark county. Need to know how to start probate for estate estimated between $200-300K

Jonathan Craig Reed
Jonathan Craig Reed
answered on Oct 10, 2023

The first Q is whether the Will is valid. If it is an original Will, you must file it with the Clerk of Court. This has to be done by mail or over the counter so the clerk can see if it is an original. It cannot be e-filed. If it is not an original, then it is a complicated matter to get the court... View More

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2 Answers | Asked in Probate for Nevada on
Q: How to start probate with a will and executor outlined in Nevada, Clark county?

decendent had a will outlining executor. Will is filed with clark county. Need to know how to start probate for estate estimated between $200-300K

Kirk Kaplan
Kirk Kaplan
answered on Oct 10, 2023

In short, if your are a DIYer, you will need to file an opening petition and notice of hearing on a petition. The Court Clerk will issue its version of a Notice of Hearing. You can get forms from Legal Services of Southern Nevada on the first floor of the Regional Justice Center in downtown Las... View More

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1 Answer | Asked in Probate, Estate Planning, Landlord - Tenant and Real Estate Law for Nevada on
Q: In Nevada under NRS statues my mom owns property .Has dementia for 5 yrs no will .when she dies what paper do I file?

Her and boyfriend are joint tenants on her other property both on deed. The other property is in my mom's name only and is paid in full and I live in the house .I have to file paperwork when she dies .What paperwork should I have ready in the State of Nevada?

Jonathan Craig Reed
Jonathan Craig Reed
answered on Aug 22, 2023

If your mother dies before her boyfriend, he will end up owning the property they hold in joint tenancy. If you are an only child and your mother dies without a will you will have to probate the house solely in her name but you will get it unless creditors have a claim. Even if she had willed the... View More

1 Answer | Asked in Probate for Nevada on
Q: My probate lawyer has not called since September I gave them a list of assets in Feb. Called then last week she said we

Are still waiting for the list and probate was filed feb 2022 do I have recourse? Lawyer has done nothing since

sept. 2922

Cesar Mejia Duenas
Cesar Mejia Duenas
answered on Jun 8, 2023

I understand how frustrating it is not to obtain an update from your attorney. Communication with clients is essential in every matter, more particularly in probate matters where the clients are dealing with the loss of a loved one.

Since probate matters are regulated by the laws of every...
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1 Answer | Asked in Probate and Estate Planning for Nevada on
Q: Good morning. My mother died around 11 yrs., my step father died in December 7th. His will and trust say to gather and

Divide all of his assets between the beneficiaries. My stepsister told my blood sister that they we’re getting a 2mil life insurance payoff and that they won’t be splitting it up as per the trust. Can she do that?

Nina Whitehurst
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answered on May 22, 2023

Your question is missing important facts. The life insurance must be paid according to the death beneficiary designation that the owner specified for the policy.

If the death beneficiary is the trust, then the proceeds must be distributed according to the terms of the trust. The trust...
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1 Answer | Asked in Probate for Nevada on
Q: Father's ex wife is petitioning to be administrator of his estate.

He passed away in Nevada and she didn't even come down to help or offer support when he passed. I had to set up a go fund me to even have him cremated. I received court papers that state order granting permission for probate and it says that because no one objected that the court gave it to... View More

Lee Drizin
Lee Drizin
answered on Feb 9, 2023

When the ex-spouse filed the petition, she was supposed to identify any children and send copies of the petition specifically to avoid this type of situation so that you could object to the appointment. NRS 149.010 sets forth the basis for removal of a personal representative and if she was aware... View More

1 Answer | Asked in Estate Planning, Probate and Banking for Nevada on
Q: cash a check from a loved one who passed?

My brother became sick and he wrote me a check for $30000 i deposited it to my account but it was denied due to funds not being in checking so he transfered funds and wrote me another check i deposited it then he died the check was denied for an unknown reason my account was froze then closed due... View More

Lee Drizin
Lee Drizin
answered on Feb 9, 2023

Sorry to hear about the loss of your brother. In the event his estate consisted solely of the bank account and it was under $25,000, then you would be able to access the account through the use of Nevada's Small Estate Affidavit. Unfortunately, due to the amount involved, this will not be... View More

2 Answers | Asked in Estate Planning and Probate for Nevada on
Q: Can I withdraw funds from my recently deceased dad's fiduciary bank account if I'm on it & no one else will contest it?

I have been my dad's guardian for over 10 years. I am also his heir. I have one sibling who isn't interested in the account. My dad didn't have a will. He only had a bank account that has a 100k balance. He has no debt and no other assets. I am trying to avoid attorney fees, etc.,... View More

Kirk Kaplan
Kirk Kaplan
answered on Jan 24, 2023

Appears your father died with a guardianship over his person and property. If so, final pleadings advising the guardianship court of his death. This will close out the guardianship. If your father died with the bank account you say no one else has an interest in the account, and you are not a pay... View More

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2 Answers | Asked in Estate Planning and Probate for Nevada on
Q: Can I withdraw funds from my recently deceased dad's fiduciary bank account if I'm on it & no one else will contest it?

I have been my dad's guardian for over 10 years. I am also his heir. I have one sibling who isn't interested in the account. My dad didn't have a will. He only had a bank account that has a 100k balance. He has no debt and no other assets. I am trying to avoid attorney fees, etc.,... View More

Lee Drizin
Lee Drizin
answered on Feb 9, 2023

While there is no legal obligation to retain an attorney to close the guardianship, you are required to file a final account to terminate the guardianship. You should be aware that you cannot withdraw money from a guardianship account without a court order and these restrictions don't... View More

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1 Answer | Asked in Family Law, Real Estate Law, Probate and Estate Planning for Nevada on
Q: I'm only child father passed away June 2022 he was unmarried has property in Nevada who has control over the house?

Relatives are living there rent free because of health issues. I want to store my dad's belongings there and they are telling me there is no room. I've heard my uncle is going to try and get it. What can I do or where do I start? There is no will. Do I have any authority at all? Please help

Delwyn E. Webber
Delwyn E. Webber
answered on Jan 3, 2023

Firstly, sorry for your loss.

Based upon what you have said, the house and dad's other assets will become yours as an only child, however the assets will most likely have to go through probate to become yours. You should consult with an attorney soon regarding opening a probate action...
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1 Answer | Asked in Real Estate Law, Probate and Estate Planning for Nevada on
Q: Dad passed away in June 2022 has property in Carson city nv unmarried and I am only child. Had no will. Who has control

Aunt and uncle live there rent free because of health issues. I've heard my uncle wants to take it over. Where do I Start?

Any advise would be appreciated.

Anthony M. Avery
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answered on Jan 1, 2023

You probably own it as the sole heir. Hire an attorney to search the title, determine heirship, and possibly evict the relatives. If only a tenant in common, then partition may be in order.

1 Answer | Asked in Estate Planning, International Law and Probate for Nevada on
Q: I live in nevada but my father died 5 days ago in Cairo egypt. How do I get my Inheritance and life insurance policy's

I am an only child and my father wasn't married. My father was Muslim- I am not. I am female. My father told me about the bank accounts and investments and insurance policies he was leaving me. How do I get them when I'm in Nevada?

Kirk Kaplan
Kirk Kaplan
answered on Nov 19, 2022

An attorney familiar with Egyptian law will very likely provide a much better answer than I will. But just in case one does not leave an answer, maybe my answer will be a good start. In the US, the laws governing how property passes to heirs/descendants, depends upon residence of the deceased at... View More

1 Answer | Asked in Probate for Nevada on
Q: Can letters of administration in California be transferred or filed in Nevada instead of filing a new probate petition.

Dad lived in California but owns property in Nevada. He died without a will was not married and I am his only child. I’m the administrator in California and don’t have a clue on where to start with Nevada. Can the order or letters of administration in California be filed in Nevada instead of... View More

Jonathan Craig Reed
Jonathan Craig Reed
answered on Nov 3, 2023

If your father owned real estate in Nevada, an ancillary Nevada probate must be opened. Real estate must always be probated in the state it is located in. If the Nevada property is bank accounts, then the California Letters will work.

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