Special Situations in Nevada Probate: Notice, Appeals, Missing Persons and Escheat

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 16 of 17: Special Situations

Most Nevada estates follow the usual path of opening probate, paying creditors and distributing property. The statutes also cover less common situations: how notice must be given, how to appeal, what the court can do about a party who files baseless papers, how to protect assets in an emergency, and what happens when a person is missing or an estate has no heirs. Most of these rules are in chapters 154, 155 and 156 of the Nevada Revised Statutes (NRS).

These rules matter to anyone who is an interested person, meaning a person whose right or interest in an estate may be materially affected by a decision of the court or of a fiduciary (NRS 132.185). A personal representative is the executor, administrator or special administrator who runs the estate (NRS 132.265).

Notice Rules That Apply Throughout Probate

Unless a specific statute or the court provides otherwise, a person who files a petition must give notice of the time and place of the hearing to each interested person and every other person entitled to notice, or to that person’s attorney (NRS 155.010(1)).

Method of notice	Rule	NRS
Mail (certified, registered or ordinary first-class) or personal delivery	At least 10 days before the hearing	155.010(1)(a)
Court electronic filing system, or other electronic means	Other electronic means only if the person consents in writing	155.010(1)(b)
Newspaper publication, when the person’s address or identity cannot be found with reasonable diligence	Once a week for 3 consecutive weeks in the county of the hearing; last publication at least 10 days before the hearing	155.010(1)(c)

For good cause, the court may allow a different method or time for notice, or may dispense with notice (NRS 155.010(3)). A person entitled to notice may waive it in writing (NRS 155.010(5)).

Asking for Special Notice

Any time after letters are issued, an interested person or that person’s attorney may serve on the personal representative, and file with the court clerk, a written request for special notice (NRS 155.030(1)). After that, a brief notice and a copy of each later return, petition, account, report or other filing must be sent to the requester within 2 days after it is filed (NRS 155.030(2)). The personal representative must also mail a copy of any inventory to each person who asked for special notice (NRS 155.030(7)).

Citations

A citation is a document issued by the court clerk that requires a person to appear, directs a person to act in a certain way, or gives notice of a hearing (NRS 132.060). It is served by certified mail with a return receipt requested, or by personal service (NRS 155.050(1)). Unless another time is set, it must be served at least 10 days before the hearing, though the court may shorten this for good cause to no less than 1 full judicial day (NRS 155.060).

Extending Deadlines

The court may, for good cause shown, extend or shorten any of the times set in the probate title (NRS 155.070). For time periods set in chapter 155, all interested persons may also agree to an extension by a written stipulation of counsel filed in the case (NRS 155.005(1)). The court may also allow a late act under chapter 155 on a motion if the delay resulted from excusable neglect (NRS 155.005(2)(b)).

Vexatious Litigants

The court may find that a person, including a personal representative or trustee, is a vexatious litigant if the person files a paper that is without merit, meant to harass or annoy the personal representative or a trustee, or meant to unreasonably oppose an interested person acting in good faith to enforce his or her rights (NRS 155.165(1)). A personal representative or trustee may also be found vexatious for spending estate or trust funds to unreasonably oppose such good-faith efforts (NRS 155.165(1)).

The court may impose sanctions to reimburse the estate or trust for all or part of its expenses, including reasonable attorney’s fees, and other money losses caused by the vexatious litigant (NRS 155.165(2)).
If the vexatious litigant is the personal representative or trustee, the court may remove that person, and sanctions are imposed on the person personally, not on the estate or trust (NRS 155.165(2)).
A vexatious litigant has no standing to object to the issuance of letters or to request removal of a personal representative or trustee (NRS 155.165(4)).
The court may also deny an interested party standing to bring a petition or motion that is unrelated to that party’s interests or in which the party’s interest is minimal (NRS 155.165(3)).

Emergency Orders to Protect Estate Assets

The court may issue a temporary restraining order or an injunction to preserve and protect the assets of an estate or trust (NRS 155.123). On an interested person’s petition or ex parte application, the court may also restrain a personal representative from specified acts if it appears the personal representative may otherwise unreasonably jeopardize the petitioner, another interested person or the estate (NRS 143.165(1)). Such an ex parte order must generally be set for hearing within 10 days (NRS 143.165(2)).

Appealing a Probate Order

An appeal may be taken within 30 days after the notice of entry of an order that does any of the following, among others (NRS 155.190(1)):

Grants or revokes letters, or admits a will to probate or revokes its probate (NRS 155.190(1)(a), (b)).
Sets apart a homestead or exempt property, or grants or modifies a family allowance (NRS 155.190(1)(d), (e)).
Directs, authorizes or confirms a sale of property (NRS 155.190(1)(f)).
Settles an account of a personal representative or trustee (NRS 155.190(1)(g)).
Directs or allows payment of a debt, claim, devise or attorney’s fee (NRS 155.190(1)(j)).
Determines heirship or who receives distribution, or distributes property (NRS 155.190(1)(k), (l)).
Decides a matter where the amount in controversy is $10,000 or more, not counting costs (NRS 155.190(1)(n)).

Certain timely post-trial motions restart the 30 days from service of written notice of entry of the order deciding the last motion (NRS 155.190(2)). Unless the court orders otherwise, an appeal does not stay the estate proceedings (NRS 155.195). If an order appointing a personal representative is reversed, that person’s lawful acts in administering the estate remain valid (NRS 155.220).

When a Property Owner Is Missing

Chapter 156 has two separate procedures, depending on how long the person has been missing.

Issue	Missing 90 days or more	Missing 3 years or more
Who is covered	A Nevada resident with property in Nevada whose whereabouts are unknown (NRS 156.010)	A person owning property in Nevada, absent from his or her last known residence for a continuous 3 years, whereabouts unknown to those most likely to know (NRS 156.120)
Who petitions	A family member or friend (NRS 156.010)	The spouse or any family member or friend (NRS 156.140(1))
Hearing date	Not less than 10 days from the court’s order (NRS 156.010)	Not less than 3 months from filing (NRS 156.140(1))
Who is appointed	A trustee; the court must prefer the spouse or the spouse’s nominee, and otherwise a relative (NRS 156.030, 156.040)	An administrator or executor, as for a deceased person’s estate (NRS 156.160(1))
Selling property	Only with a court order, and not until 8 months after the trustee is appointed and qualified (NRS 156.080, 156.090)	Generally no sale, mortgage or distribution until 1 year after appointment, with listed exceptions (NRS 156.170)

Missing 90 Days or More: A Trustee for the Property

The trustee must give a bond set by the court (NRS 156.050). The trustee takes possession of the missing person’s Nevada property, collects income and debts owed, and pays debts the court authorizes, and the court may direct payments to the family for expenses and support (NRS 156.060). If the missing person returns, the trustee must file a verified account and the court orders the remaining property delivered to the owner (NRS 156.100, 156.110).

Missing 3 Years or More: Administration as if Deceased

After 3 years, the person’s Nevada property may be administered as though he or she had died, subject to the limits in chapter 156 (NRS 156.120). Notice must also be mailed by registered or certified mail to the missing person’s last known address (NRS 156.150). If the court grants the petition, it fixes when the person went missing and makes a finding stating the fact and date of death (NRS 156.160(2)).

Early distribution requires a bond. Heirs or devisees may not receive property until 1 year after the personal representative is appointed and qualified, unless the person receiving it gives a bond of at least the property’s value plus any added amount the court sets (NRS 156.180).
If the person reappears. Within that 1 year, a person claiming to be the missing person may petition, and the court decides the claimant’s identity (NRS 156.190(1)). If the claimant is the missing person, the court vacates the administration, except for certain acts such as paying taxes, allowed claims and court-approved sales, and returns the rest of the estate, less fees, costs and expenses (NRS 156.200).
If no one comes forward. If no claim is made during the 1-year period by a person claiming to be the missing person or to have succeeded to that person’s rights, the law conclusively presumes the missing person died before the petition was filed, and the estate is distributed and closed (NRS 156.220).
Absence over 5 years. If the petition is filed more than 5 years after the disappearance, the estate may be distributed and closed 1 year after filing without a bond (NRS 156.230).
Time limit on claims. No claim against the estate, personal representative, surety or distributee may be brought by anyone, including the missing person, after 5 years from the date of disappearance fixed by the court (NRS 156.240).

When There Are No Heirs: Escheat to the State

An estate escheats (passes) to the State of Nevada for educational purposes if a person dies in Nevada owning real or personal property and leaves no heirs, representatives or devisees able to inherit or hold it (NRS 154.010). Nevada’s rules on who inherits without a will are explained in Dying Without a Will.

A personal representative must sell escheated estate property and send the proceeds to the State Treasurer, unless the State Treasurer authorizes sending the property itself (NRS 154.105(2)).
When a personal representative pays or delivers escheatable property to the State Treasurer under a court order and files the Treasurer’s receipt with the clerk, the personal representative is released from further liability for that property (NRS 154.015).
Anyone claiming property vested in the State by an escheat judgment may petition the district court of Carson City within 6 years after the judgment (NRS 154.120(1)). Those who miss that deadline are barred forever, except that minors and incapacitated persons may file within 5 years after their disability ends (NRS 154.120(7)).

Heirs Who Cannot Be Found or Will Not Accept

If money is distributed to a person who cannot be found, who refuses it, or who is a minor or incapacitated person with no guardian to receive it, the personal representative may deposit it in that person’s name with the county treasurer, whose receipt serves as the personal representative’s voucher (NRS 151.170). If personal property stays unclaimed with the personal representative for 1 year, or in certain other listed cases, and the court finds a sale would benefit those interested, the court must order it sold and the proceeds paid into the State Treasury (NRS 151.190). If a person later claims that money, the court that made the distribution must inquire into the claim and, if satisfied the person is entitled to it, enter an order to that effect (NRS 151.210). See Distribution and Closing.

How I Can Help

When an estate involves a notice problem, a hostile litigant, a missing family member, an heir who cannot be located, or a possible appeal, I help clients understand what the Nevada statutes require and what options the court has. I can review the deadlines that apply and help prepare the petitions, notices and responses your situation calls for. 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.