Named Top Lawyers in Las Vegas by Greenspan Media Group/Vegas, Inc., and Desert Companion
Where to Probate?
In Which State and County is Your Probate Filed?
Real estate must always be probated in the state in which it is located. Obviously, this can require more than one probate if there is real estate in two or more states.
Personal property must always be probated in the state in which the Decedent was a resident at the time of death. Courts generally look at the residence listed on the death certificate to determine residency. Sometimes, the residence listed on the death certificate can be arbitrary. For example, a funeral director might ask the next of kin what state the Decedent was a resident of and accept whatever answer is given and put that on the death certificate. An erroneous death certificate residence can be corrected by applying to the state for a corrected death certificate with appropriate supporting documentation.
If the decedent was a Nevada resident, his or her will must be probated in the County in which the decedent was resident at the time of death.
If the decedent was not a Nevada resident at death, but there is a need for an ancillary Nevada probate (see Ancillary Probate ), this Ancillary Nevada Probate can be filed in any Nevada county in which any part of the Nevada estate is located. So, for example, if the decedent was a California resident who had real estate in Las Vegas in Clark County, a bank account in Nye County, and a mobile home in Washoe County, the ancillary Nevada probate could be filed in any of these three counties. These rules are set out in N.R.S. 136.010. http://www.leg.state.nv.us/nrs/NRS-136.html#NRS136Sec010
What if the decedent was not a Nevada resident but owned a mobile home and a mobile home lot in Nevada? The Nevada court has jurisdiction over the lot; will the Nevada court accept jurisdiction over the mobile home which could be considered personal property as it is mobile, or could be considered real estate as it is attached to the land? Attorneys in Nevada have been getting mixed results when asking a judge to accept jurisdiction over the lot and mobile home if the Decedent's death certificate lists a non-Nevada state of residence.
Nevada's Three Most Populous Counties:
About two-thirds of Nevadans live in Clark County. Its major cities include Las Vegas, Henderson, North Las Vegas, and Boulder City. Clark is a big county that includes the town of Mesquite on the Nevada/Utah border on I-15. (However, the closer town of Pahrump is in a different county, Nye.)
Washoe County includes Reno and is the second most populous city in Nevada.
Carson City County (Yes, the name of the county is "Carson City") naturally includes Carson City and is Nevada's third most populous county.
States and Counties We do Probates In:
Our firm delivers affordable, high quality, low cost probates uncontested probates in all Nevada counties and in all California counties, but for California, only if the probate estate is worth $400,000 or more. We will consider a contested probate only in Clark County, Nevada.