Legal Question in Wills and Trusts in Nevada

Out of State Will-invalidated in Nevada?

If a retiree passes away in a Nursing Home in Nevada, and had her will made

up years before in another state, why would her state of demise invalidate such a Will?


Asked on 7/10/99, 12:31 am

1 Answer from Attorneys

Will invalidated in Nevada?

The place of death has nothing to do with whether the Will is valid or not. Propate takes place where the person has assets subject to probate and it must take place in every state or county where the person has property. So if the person owned real estate in 2 counties in California and also in Nevada, there would need to be three probate proceedings. Stocks, bonds, bank accounts, etc. usually can be probated where the person lived at the time of their death, but there can be exceptions to this if the accounts are out of state.

A Will only needs to be properly witnessed to be valid. Each state has its own rules on witnesses - usually 2 or 3 witnesses are required for a will to be valid. But there can be exceptions to this as well. The Will does need to be valid in the place where it is to be probated. Why do you think this will is not valid???

I urge you to obtain a local attorney to handle the probate. I practice in Clark County, Nevada, and would be happy to discuss handling this matter if there are assets in the Las Vegas area.

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Answered on 7/13/99, 6:50 pm


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