Legal Question in Wills and Trusts in Nevada

My Father died without a will, what now?

My Father passed away two weeks ago in Reno. He and my Mother divorced 25 years ago and he never remarried. I am the only child. The only possesions he had was some items in a small room he was renting and a truck. Since I now reside in Colorado his cousin took matters into his own hands and removed his things from his room and put his truck out on the street fo the city to tow away. He said that it would cost me $2000 to go through probate to get the truck and it wouldn't be worth it, since the truck is probably only worth $1000. Is this true? If someone doesn't have a will there things automatically go to the state? I need to know as soon as possible. Thank you..


Asked on 7/16/06, 1:22 pm

1 Answer from Attorneys
Paul Malikowski Malikowski Law Offices, Ltd.

Re: My Father died without a will, what now?

One available procedure is by way of an Affidavit of Entitlement. Here is the law:

http://www.leg.state.nv.us/NRS/NRS-146.html#NRS146Sec080

If the probate estate is valued at $20,000 or less and does not include any interest in real property (including a mortgage, lien, or trust deed), the assets can be claimed by an affidavit, and a court proceeding is not required. Under the statute (NRS 146.080), the claimant must be entitled to the assets by intestate succession or under the decedent's will. An affidavit is not valid until 40 days have elapsed since the decedent's death, and it does not work if there is a probate proceeding in any other jurisdiction. Filing a false affidavit is a felony in Nevada.

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Answered on 7/17/06, 3:23 pm


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