How Is an Executor Designated if There Is No Will in Nevada?
How is the executor appointed with no will left by the decedent? The probate court appoints an administrator to manage the estate by following a priority list, typically starting with the surviving spouse, then children, parents, and siblings.
The court also considers factors like conflicts of interest and integrity when making this decision. To qualify, you must be at least 18, mentally competent, and felony-free, as discussed below.
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As an administrator, you’ll handle tasks such as inventorying assets, paying debts, and distributing property according to Nevada’s intestate succession laws.
Understanding these laws and the appointment process can help you navigate this complex situation more effectively.
Nevada’s Intestate Succession Laws
When someone dies without a will in Nevada, the state’s intestate succession laws determine how their assets will be distributed. These laws establish a priority list of legal heirs who are entitled to inherit the deceased person’s estate.
An administrator will be appointed by the court according to Nevada Revised Statutes (NRS) Chapter 139. The administrator’s responsibilities include identifying the assets of the decedent that require probate, settling any outstanding debts and taxes, and distributing the remaining assets to the rightful heirs.
Nevada’s intestate succession laws define inheritance rights based on familial relationships. Close relatives typically have priority when it comes to inheriting assets.
Understanding these laws can help you navigate the complex process of settling an estate when there is no will.
Court Appointment of Administrator
In the State of Nevada, the person named in the decedent’s will is called an “executor.” And if the person dies without a will, the person in charge of the estate is called an “administrator.” An executor or administrator may also be referred to as the “personal representative.”
For purposes of this article, I will sometimes use the terms interchangeably. The court follows a specific priority list of next of kin when selecting an administrator.
There are certain state law requirements for serving as a personal representative, whether they are entitled to appointment by being named in the will or there is no will and thus, the laws of intestate succession apply. Here’s a quick overview:
- The proposed administrator cannot have been convicted of a felony, unless the probate judge determines that a prior conviction is one that should not disqualify the person from serving.
- At least one of the administrators must be a Nevada resident.
- The administrator must be at least 18 years of age.
- A person cannot be appointed if the court determines that they have a conflict of interest, suffer from drunkenness or improvidence, have a lack of integrity or understanding.
It’s worth noting that out-of-state individuals can serve as administrators in Nevada. However, the out-of-state person must associated in as co-administrator a Nevada resident or a banking corporation that is authorized to do business in the state.
Also, you’ll face logistical considerations if you live outside the state even with a co-administrator. These may include frequent travel, difficulty managing local affairs, and potential delays in decision-making.
The court aims to appoint the most suitable person to handle the estate efficiently. If you’re appointed, you’ll perform the same duties as an executor named in a will during the probate proceeding, ensuring the deceased’s affairs are properly settled according to Nevada law.
Priority List – Executor Appointed with No Will
Nevada’s intestate succession laws establish a clear priority list for selecting a personal representative when there’s no will. This family hierarchy forms the basis of the selection process, starting with the surviving spouse and moving down through adult children, parents, and siblings. The court considers this order when appointing an administrator for the estate.
The order of priority is as follows:
- Surviving spouse
- Adult children
- Parent
- Sibling
- Grandchild
- Other kindred that are entitled to share in the estate distribution
- Public Administrator
- Creditor owed money by the decedent on their date of death
- Next of kin not named above that are within the fourth degree of consanguinity
- “Any other person legally qualified”
If no eligible family member is willing or able to serve, the court may appoint a neutral third party or professional fiduciary. This ensures that the estate is managed effectively, even when family members aren’t available or suitable for the role.
What if there are two or more children that want to be the administrator? They each have equal rights to serve as the estate executor and can serve together. If it is clear that they do not get along and problems are likely, I have decisions made by the probate court to appoint a neutral third party.
Administrator Duties and Responsibilities
Once appointed, an estate administrator or executor must carry out their duties with loyalty to the beneficiaries. Your administrator’s authority and duties include managing the deceased’s assets, paying debts and taxes, and distributing the remaining estate property to heirs in a final distribution pursuant to a court order.
As an administrator, you’ll need to follow Nevada Revised Statutes (NRS) Chapter 134 guidelines for the asset distribution process when there’s no will. This involves identifying and valuing all estate assets, notifying creditors, and settling outstanding debts. You’ll also be responsible for filing necessary tax returns and paying any taxes owed by the estate.
Taxes include the deceased’s final income tax return. And if the estate is over the federal estate tax exemption, a 706 Federal Estate Tax Return is required. The gross value of the estate must be over $13,990,000, the exemption amount for 2025.
Your role requires careful documentation and transparency. You’ll need to maintain accurate records of all financial transactions and provide regular updates to the court and beneficiaries. It’s crucial to act in the best interest of the estate and its heirs, avoiding any conflicts of interest.
A final accounting is required to be filed with the court, unless such is waived by all of the beneficiaries. The accounting lists the value of assets in the estate property, income received during the probate proceeding, and expenses incurred.
If there is life insurance that does not have a beneficiary listed, the personal representative will need to fill out a beneficiary claim form on behalf of the estate that you get from the insurance company.
The asset distribution process can be as simple as writing checks to the heirs and distributing personal property (household furnishing, personal effects, etc.) to the person or persons that are entitled to them. Or it may require the transfer of property to the heirs by recording an executor’s deed.
Frequently Asked Questions
Can Multiple People Serve as Co-Administrators of an Estate in Nevada?
Yes, you can have multiple co-administrators in Nevada. Succession laws allow joint responsibility, but be aware of potential conflicts. You’ll need to manage decision-making dynamics effectively, ensuring all co-administrators work together for the estate’s benefit.
How Long Does the Court Typically Take to Appoint an Administrator?
From the time the initial Petition is filed with the court, you’ll typically face a 4-6 weeking waiting period before the court hearing to appoint an administrator. Legal requirements and potential complications can extend this timeframe.
Can a Non-Resident of Nevada Serve as an Estate Administrator?
Yes, you can serve as an estate administrator in Nevada even if you’re not a resident. Out-of-state eligibility is allowed under Nevada’s law as explained above.
What Happens if No Eligible Person Is Willing to Serve as Administrator?
If family disputes or conflicts prevent eligible persons from serving, you’ll find that a public administrator can step in. They’ll take on responsibilities like managing assets, settling debts, and distributing the estate according to Nevada’s intestacy laws.
Can the Court Remove an Appointed Administrator? if So, Under What Circumstances?
Yes, the court can remove an appointed administrator. You’ll need legal grounds for removal, such as mismanagement or misconduct. The court will consider evidence and make a removal decision based on protecting the estate’s interests.
What if there is a Minor Beneficiary that is an Heir?
In order to receive a distribution from the estate, minor children must have a guardian of their estate appointed.
Is a Probate Lawyer Required in Nevada?
Technically no. But, it is a good idea to hire a lawyer to help you administer the estate. As personal representative, you will create an attorney-client relationship with the probate attorney. And the responsibility for paying the attorney fees falls to the estate.
Conclusion
If you’re dealing with an estate without a will in Nevada, don’t worry. The court will appoint an administrator following the state’s priority list. You’ll need to meet certain qualifications and be prepared for various responsibilities.
Remember, intestate succession laws will determine how the estate is distributed. It’s always best to have a will, but if you don’t, Nevada’s legal system has a process in place to handle the administration of the estate.
If you have questions or need help, feel free to call and set an appointment to speak with me.