Opening Probate in Nevada: Petitions, Notice and Letters

Part of my Nevada Wills & Probate Guide.

By Ronald W. Brilliant, Attorney at Law · Licensed in Idaho, Nevada & California · Last reviewed: September 2026 against Nevada Revised Statutes Title 12 (current through the 2025 legislative session)

In This GuideNevada Wills & ProbateTopic 7 of 17: Opening Probate

In Nevada, probate is a court case in which the court has power to administer, pay out and distribute a deceased person’s assets to the people entitled to them, including devisees, heirs and creditors (NRS 132.275). A probate case is opened by filing a petition in the district court, which is the Nevada court that handles probate matters (NRS 132.116).

This page covers where to file, what the petition must say, who gets notice, how a will is proved, and how “letters” are issued. It matters to anyone named as executor, to family of someone who died without a will, and to anyone holding an original will.

Key Terms

Personal representative: the person who manages the estate. The term includes an executor, an administrator, a successor personal representative and a special administrator (NRS 132.265).
Devisee: a person named in a will to receive property (NRS 132.100).
Heirs: people, including the surviving spouse and the state, who are entitled to a decedent’s property by intestate succession (NRS 132.165).
Intestate: a person who dies without leaving a will (NRS 132.190).
Letters: the court document that gives a personal representative authority to act. “Letters” includes letters testamentary, letters of administration, letters of administration with will annexed and letters of special administration (NRS 132.220).

Which Nevada Court Handles the Case

The district court of any Nevada county may take jurisdiction over an estate if the decedent was a Nevada resident at death, or if any part of the estate is located in Nevada (NRS 136.010(1)). Venue is proper in any Nevada district court (NRS 136.010(2)).

If an interested person objects to the venue based on convenience, the court may decide the right venue only after considering, in order of priority, the convenience of the forum to: where the decedent lived at death; where the decedent owned real property; the preference of the person named as personal representative or trustee in the will; and the preference of the heirs, devisees, interested persons or beneficiaries and their lawyers (NRS 136.010(2)).

After a properly noticed hearing, the district court that first takes jurisdiction has exclusive jurisdiction over the estate, including proving wills, granting letters and administering the estate (NRS 136.010(3)).

First Step: Delivering the Original Will

Anyone who has a will must deliver it, within 30 days after learning of the death of the person who made it, to the clerk of the district court that has jurisdiction or to the personal representative named in the will (NRS 136.050(1)). A person named as personal representative who has the will must present it to the court clerk within 30 days after the death, or within 30 days after learning of being named (NRS 136.050(2)).

A person who neglects these duties without reasonable cause is liable to every person interested in the will for damages caused by the neglect (NRS 136.050(3)). A delivered will becomes part of the clerk’s permanent record whether or not a probate petition is filed (NRS 136.050(4)).

If a petition alleges that a third person has the will and the court agrees, the court must order that person to produce it (NRS 136.060(1)). A person who neglects or refuses to obey the order may be committed to the county jail until the will is produced (NRS 136.060(2)).

Who May File

When there is a will: the personal representative or a devisee named in the will, or any other interested person, may petition to have the will proved at any time after the death. This is true even if the petitioner does not have the will, or the will is lost, destroyed or outside Nevada (NRS 136.070(1)).

When there is no will: the court generally grants letters of administration following an order of priority set by statute, starting with the surviving spouse (NRS 139.040(1)). If there is no surviving spouse, the court may depart from that order in some cases (NRS 139.040(5)). Letters may be granted to any petitioner, even if others have priority, if those others fail to appear and claim letters after receiving due notice (NRS 139.080). The full priority list is explained on Executors and Administrators in Nevada.

What the Petition Must Include

A petition for probate of a will and issuance of letters must state (NRS 136.090(1)):

The jurisdictional facts.
Whether the person named as personal representative consents to act or renounces the right to letters.
The names and residences of the heirs, next of kin and devisees, the age of any who is a minor, and the relationship of the heirs and next of kin to the decedent, so far as the petitioner knows.
The character and estimated value of the estate property.
The name of the person for whom letters are requested, and whether that person has been convicted of a felony.
The name of any devisee who has died.
How the court is a convenient forum for the person named as personal representative or trustee, and for the heirs, devisees, interested persons or beneficiaries and their lawyers.

A petition for letters of administration (no will) must be in writing, signed by the petitioner or the petitioner’s attorney, filed with the clerk, and state (NRS 139.090(1)):

The jurisdictional facts.
The names and addresses of the heirs and their relationship to the decedent, so far as the petitioner knows, and the age of any heir who is a minor.
The character and estimated value of the estate property.
The names and personal addresses of the proposed administrators and of any associated coadministrator (or a business address if the coadministrator is a Nevada-licensed attorney or a banking corporation authorized to do business in Nevada).
Whether the person to be appointed has been convicted of a felony.

A defect of form, or in stating jurisdictional facts that actually exist, does not void the probate of a will or an order appointing an administrator (NRS 136.090(2); NRS 139.090(2)). The clerk sets the petition for hearing (NRS 136.100(1); NRS 139.100).

Giving Notice of the Hearing

Type of case	Who must receive notice	NRS
Probate of a will	The testator’s heirs, the devisees named in the will, all named personal representatives who are not petitioning, and the Director of the Department of Human Services	136.100(2)
Petition filed by someone other than the named personal representative, or by fewer than all of them	The petition must be served on the named personal representatives who did not join	136.120
Letters of administration (no will)	The decedent’s heirs and the Director of the Department of Human Services; plus the public administrator (or a person employed or contracted with under NRS 253.125, as applicable) if the petitioner is not the surviving spouse or listed kindred, or their nominee	139.100

Notice to a person entitled to it is generally given by mail or personal delivery at least 10 days before the hearing, by electronic filing system or other electronic means the person consents to in writing, or, if the person’s address or identity cannot be found with reasonable diligence, by publication once a week for 3 consecutive weeks in a newspaper of general circulation in the county, with the last publication at least 10 days before the hearing (NRS 155.010(1)). A person entitled to notice may waive it in writing (NRS 155.010(5)).

Notice of a petition for probate and issuance of letters must also be given to the public by publication on three dates before the hearing, in a newspaper published in the county (or, if none, one with general circulation there) (NRS 155.020(1)(b), (2)). If the newspaper is published more than once a week, there must be at least 10 days from the first to the last publication date (NRS 155.020(1)(b)). The notice must be substantially in the statutory form, which tells all interested persons to appear and show cause why the petition should not be granted (NRS 155.020(3)).

Proof that notice was given must be made on or before the hearing and filed (NRS 155.010(4)).

The Hearing: Proving the Will

Once the court is satisfied that notice was given, it hears the testimony proving the will, and witnesses who appear testify orally (NRS 136.140). The clerk issues subpoenas to subscribing witnesses who live in the county, but none are needed if the witnesses’ affidavits have been filed (NRS 136.130).

No contest: the court may admit the will on the testimony of just one subscribing witness showing the will was executed as required by law and that the testator was of sound mind and at least 18 years old when it was signed (NRS 136.150(1)).
Witness affidavits: an attesting witness may sign an affidavit after the death, and the court must accept it as if the testimony had been given in court (NRS 136.160(1); NRS 136.150(2)).
Witnesses unavailable: if the witnesses are dead, incapable of testifying or otherwise unavailable, the court may admit the will on testimony of at least two credible disinterested persons that the signature is genuine, or other sufficient proof (NRS 136.170(1)).
Holographic will (one whose signature, date and material provisions are in the testator’s own handwriting) (NRS 133.090(1)): may be proved by authentication satisfactory to the court (NRS 136.190).
Electronic will: a certified paper original may be admitted like any other will; if it is self-proving, it is presumed valid and, absent objection, must be admitted expeditiously without further proof (NRS 136.185(2)-(3)).
Will already probated elsewhere: a will proved outside Nevada may be admitted in any Nevada county where the testator left property, after a hearing with the same notice as a Nevada will (NRS 136.260(1)-(2)).

A lost or destroyed will must be proved like other wills, and in addition its provisions must be clearly and distinctly proved by two or more credible witnesses. It must also be shown either to have legally existed at the person’s death (and not otherwise revoked or destroyed with the person’s knowledge, consent or ratification) or to have been fraudulently destroyed during the person’s lifetime (NRS 136.240(2)-(3)). Special presumptions about revocation apply in some cases (NRS 136.240(5)).

Objections to the will itself are covered on Contesting a Will in Nevada.

The Hearing When There Is No Will

Before letters of administration are granted, the petitioner or others must prove the fact of death, that the decedent died intestate, and that required notice was given (NRS 139.120). The court may also examine the petitioner or others about the time, place and manner of death, the decedent’s residence, the character and value of the property, and whether the decedent left a will (NRS 139.120).

An interested person may oppose the petition in writing on the ground that the petitioner is not qualified, or may file a competing petition, which the court hears together with the original (NRS 139.110).

Qualifying and Receiving Letters

When a will is admitted, the court directs letters to issue to the personal representative named in it, who must appear and qualify (NRS 138.010(1)). No one has power as a personal representative until qualifying, except that before letters issue the person may pay funeral charges and take necessary steps to preserve the estate (NRS 138.010(2)).

To qualify, the personal representative must take and sign an oath or affirmation to perform the duties according to law (NRS 142.010(1)). Whether a bond is required is up to the court (NRS 142.020(1)). Bonds are explained on Executors and Administrators in Nevada.

Letters must be signed by the clerk and issued under the seal of the court (NRS 141.010(1)).

Type of letters	Issued to	NRS
Letters testamentary	An executor, after the will is admitted to probate	141.020
Letters of administration with the will annexed	An administrator appointed when there is a will but no named executor can or will serve	138.020(2); 141.030
Letters of administration	An administrator when the decedent died intestate (without a will)	141.040; 141.050
Letters of special administration	A special administrator appointed under chapter 140	141.045

Recording Letters When the Estate Owns Real Property

If the estate includes real property, a clerk-certified copy of the letters must be recorded with the county recorder in each county where estate real property is located (NRS 141.010(2)). A cover sheet must be attached listing the name and address of the personal representative, the assessor’s parcel number and address of the property, and the location and serial number of any manufactured or mobile home (NRS 141.010(2)(a)).

Using Letters With Banks and Others

Generally, a person presented with certified letters must accept them within 60 days, or request a translation or an opinion of counsel within 10 days (NRS 143.352(1)(a)). If a translation or opinion is requested, the person must accept the letters within 5 days after receiving it, and may not demand a different form of certified letters (NRS 143.352(1)(b)-(c)).

There are exceptions, such as when the person has actual knowledge that the personal representative’s authority has ended (NRS 143.352(2)). A person who wrongly refuses may face a court order requiring acceptance and liability for reasonable attorney’s fees and costs (NRS 143.352(3)).

If There Is a Delay or a Will Turns Up Later

If there is a delay in granting letters for any reason, or no petition is filed, the court shall appoint a special administrator to collect and take charge of the estate (NRS 140.010(1), (4)). Special administrators are covered on Executors and Administrators in Nevada.

If letters of administration were granted because there was no will, and a will is later proved and allowed, the letters of administration must be revoked and the administrator must account as the court directs (NRS 141.050). The executor or administrator with the will annexed may then collect the remaining unadministered property (NRS 141.050).

Once letters issue, the personal representative’s work begins. See Duties of a Personal Representative in Nevada and, for a simpler process with fewer court approvals, Independent Administration of Estates in Nevada. Before opening a full probate case, you may also want to review Nevada Small Estates.

How I Can Help

I help clients open Nevada probate cases by reviewing the will and family situation, preparing the petition, handling the required notices, and guiding the proposed personal representative through the hearing and the steps to qualify for letters. If a will is missing, was signed out of state, or the right person to serve is disputed, I can explain how the statutes apply to your facts. Request a consultation to discuss your situation.

This page provides general information about Nevada wills and probate law, based on Nevada Revised Statutes Title 12 as of the 2025 legislative session, and is not legal advice. Other Nevada laws, court rules, and case law also affect these matters. Every estate is different; consult an attorney about your situation. Reading this page does not create an attorney-client relationship.